The colorful rainbow sculptures at the entrance to the Imperial Beach Pier were lit by the somber orange glow of candlelight Sunday evening as a little over a dozen people gathered to hold a vigil for Gary Gates.
Just before Christmas, a San Diego County Sheriff’s deputy shot and killed Gates, a member of the local unhoused community, near the pier during a crowded indigenous winter festival.
The shooting has left many in Imperial Beach mourning Gates’ loss and has drawn new scrutiny to how sheriff’s deputies respond to people experiencing mental health crises.
In the days leading up to the shooting, Gates had posted on Facebook and told local outreach workers that he was having suicidal thoughts.
“Gary was asking for a sheriff to end his life,” said Danielle Richardson, a South Bay physician and member of Imperial Beach Cop Watch, a local advocacy group that monitors and records police activity. “They should be prepared for that scenario.”
The San Diego County Sheriff’s Office declined to answer KPBS’ questions.
Imperial Beach has a relatively small unhoused community. During the county’s last homelessness census, they tallied just 17 people — out of close to 10,000 people across the region.
Gates, who was 51, spent most days living along the waterfront next to the pier. He had some rough edges, and people who knew him said he wasn’t always rational or easy to be around.
But Gates was also well-known and had many friends, they said. His Facebook profile is full of videos of ocean waves and people in the park. He loved feeding the pigeons and played a video game called Second Life, where he took on the persona of a DJ and ran a nightclub where people could line dance.
Lauren Griffin said she once let Gates stay at her home in Spring Valley for Memorial Day weekend. She said Gates reminded her of her ex-partner.
“Gary had sort of a similar honest, emotionalism, expressive way about him,” she said.
Liana, who lives close to the pier and asked to only be identified by his first name, called Gates "just the most peaceful dude." He said Gates was a veteran and urged other former-service members to seek help if they need it.
"The more we hide, the less we heal," he said.
In the days before the shooting though, it seemed like Gates was in a dark place.
On Friday, Dec. 19, he posted on Facebook about the challenges he had faced in his life, including the costs of healthcare and the bureaucracy of California’s housing system. Gates said he might try to overdose on drugs or get a police officer to shoot him.
“For all of my life it's been me against the system,” he wrote. “Tonight I forgive everyone everyone that's ever wronged me and I apologized to everyone I've ever wronged.”
That night, the sheriff’s office said they got a call about Gates possibly overdosing near the Imperial Beach Pier. Imperial Beach, which does not have its own police department, contracts with the sheriff for law enforcement.
According to deputies, Gates was holding a knife and threatening to stab himself when they arrived. The deputies said they called in the county’s Psychiatric Emergency Response Team (PERT) and crisis negotiators.
Eventually, deputies got Gates to put the knife away, they said. They offered Gates mental health services, but he declined.
Two days later, Gates called 911 himself. Three sheriff’s deputies responded, body cameras rolling.
Videos released by the sheriff’s office show a bright Sunday afternoon next to the pier. The plaza is packed with vendors and a crowd for a yearly festival called Pow Wow by the Sea.
Gates is standing on the sidewalk next to the street. He says he wants to talk to one of the deputies, Maxwell Hammond. Hammond approaches Gates, and Gates backs away from him.
“Get your gun out,” Gates says. “Don’t miss.”
Hammond keeps walking towards him, but Gates walks backwards into the intersection. He takes out a knife.
Hammond asks one of the other deputies to get a “bean bag,” referring to a less-lethal shotgun. He and another deputy, Jose Gonzalez-Diaz, draw their guns. The third deputy, Sergeant April Gaines, draws her taser instead.
Gates starts walking towards Hammond, still holding the knife. Hammond shouts Gates’ name repeatedly, then fires at least four shots. Gates falls to the ground.
“I forgive you,” he says.
To Richardson, the deputies’ response raised a number of questions. She said the officers should have taken Gates to the hospital when they encountered him on Dec. 19.
Richardson said the deputies could have used a type of medical detention called a 5150 hold, which is used to place a person experiencing an extreme mental health disorder in custody for emergency treatment.
She said they should have taken the knife away from Gates, and deputies should have been prepared during the second incident to de-escalate the situation if Gates did try to confront them.
Richardson also said Hammond, the deputy who shot Gates, didn’t handle the situation well.
“He didn't even make any lawful commands to Gary,” she said. “He just said, ‘Gary, no, no.’ That's not a clear command.”
The shooting is now being investigated by the San Diego Police Department (SDPD) under a county-wide agreement among law enforcement agencies meant to avoid conflicts of interest during use-of-force investigations.
The county’s Citizens Law Enforcement Review Board and District Attorney Summer Stephen are reviewing the shooting as well. The sheriff’s office said the FBI and the U.S. Attorney’s Office are also monitoring the investigation.
The three deputies — Hammond, Gonzalez-Diaz and Gaines — all work for the sheriff’s regional substation Imperial Beach.
KPBS could not locate previous use-of-force records for any of the deputies through the Police Records Access Project database.
Hammond previously worked for SDPD but resigned in May of 2021, according to the National Police Index.
SDPD did not respond to questions about why Hammond resigned.
If You Need Help
If you or someone you know is experiencing thoughts of suicide, help is available 24 hours a day. Call or text the Suicide & Crisis Lifeline at 988, or go here for online chat.
For more help:
- Find 5 Action Steps for helping someone who may be suicidal, from the National Suicide Prevention Lifeline.
- Six questions to ask to help assess the severity of someone's suicide risk, from the Columbia Lighthouse Project.
- To prevent a future crisis, here's how to help someone make a safety plan.
