Galt Police Officer Kevin Tonn's service weapon was securely holstered when he was fatally shot on Jan. 15 by a man he went to question about a suspected burglary in the area of F and Second streets, the Sacramento County Sheriff's Department confirmed Friday.
Tonn was shot by Humphrey Kenneth Gascon II, 30, of Galt, after the two had an extended physical struggle, according to Sheriff's spokesman Sgt. Jason Ramos.
Gascon then turned his weapon on himself.
"There's not much to investigate as to a who-dunnit mystery," Ramos said, adding that investigators are compiling narratives of each witness — including law enforcement personnel — and video, diagrams and photos of the scene.
"It's just a matter of synthesizing all of that into a case file to be accurately stored for whatever reason," Ramos said, though he added that the incident could result in a wrongful death lawsuit filed by the family, given its nature. "But that would be totally unwarranted," he said.
Gascon's record included only minor traffic infractions, but no felony arrests. He was pulled over in San Joaquin County in 2002 and cited for possessing a weapon described as a billy club, according to Ramos.
"This guy wasn't a three-striker. That's what all the head scratching is all about," he said Friday. "He didn't fit the profile of a cop killer."
Some eyewitnesses initially questioned whether there was an exchange of gunfire between Tonn and Gascon.
"We absolutely know that's not true," Ramos said.
The day after the shooting, law enforcement officials said Gascon was not a burglary suspect, as originally thought, and had no criminal record. Although he was currently living in Galt with his mother in a house near the scene, he had former addresses in Sacramento and Stockton. Police believe he may have been connected to the Norteño gang, based on undisclosed evidence found in his bedroom.
The fateful call ended up being for a violation of a restraining order, although that was not clear at the time officers were dispatched. Instead, Tonn responded to what he believed was a burglary call at a residence in the 200 block of 2nd Street, according to investigators.
Tonn, 35, arrived and saw a door kicked in, but the suspect had left. However, as officers were interviewing witnesses, they observed a subject, later identified as Gascon, walking along the railroad tracks just north of their location. He matched the ethnicity and age range given for the suspect in the original dispatch call.
Tonn went to contact Gascon to question him about the burglary. Soon after he made contact, the struggle ensued, police said. Additional officers observed the struggle and responded to assist.
During the struggle, police said Gascon pulled a handgun and fired one round at Tonn, striking him in the head, before turning and firing several more shots at a responding officer whose name has not been released. Gascon then turned the gun on himself and inflicted the fatal wound.
Gascon shot Tonn with what Ramos described as a small caliber handgun later found laying next to his body. It was not clear Friday whether he was the registered owner.
Gascon was pronounced dead at the scene and his body left there all day and into the night while officers processed the scene. An autopsy "certainly could" reveal whether he was under the influence of a controlled substance, according to Ramos.
Tonn was transported to Kaiser Hospital in south Sacramento County, where he died hours later. The Roseville native was laid to rest Monday at a Sacramento cemetery.
Contact reporter Jennifer Bonnett at email@example.com.