The state Department of Justice on Friday, May 9, cleared a San Bernardino County sheriff’s deputy of any criminal wrongdoing in the fatal shooting of an unarmed man who reportedly charged at the deputy at the end of a pursuit near Big Bear.
“There is insufficient evidence to support a criminal prosecution,” the DOJ wrote in its 33-page report about the March 12, 2023, shooting of Kyle Nicholas Sostek by Deputy Samuel Fuller.
The DOJ investigates fatal shootings by police of unarmed civilians under a 2021 state law. Fuller’s case is the 29th for which investigators have announced a result, and they have not recommended charges against any of the officers.
These probes are separate from any performed by an officer’s department to determine whether any policies have been violated.
And they are distinct from any civil action. In Fuller’s case, his parents and San Bernardino County agreed just before a trial was scheduled to start in U.S. District Court in December to settle a wrongful-death lawsuit against the county for $1.5 million, said Dale K. Galipo, the attorney for Gale and Herb Sostek.
“I’m happy we were able to get some sense of justice for the family,” Galipo said Friday.
There was no body-worn camera footage of the shooting as the Sheriff’s Department was still months away from outfitting deputies. The DOJ report made several recommendations for improving the Sheriff’s Department’s policies and tactics, including adding dashboard cameras. Deputies have long carried audio recorders.
As their shifts began on the day of the shooting, deputies at the Big Bear station were alerted that Sostek, 34, had a warrant out for his arrest. He was described as a “mentally disturbed” drug user who had an anti-police sentiment tattooed on his stomach, according to the DOJ report. Around 2 a.m., deputies spotted his white Honda on Big Bear Boulevard. A pursuit ensued, and Sostek stopped about six minutes later at the end of Vista Avenue, a cul-de-sac in the community of Sugarloaf east of the lake.
Fuller stopped behind him, and Sgt. John Everman stopped his patrol car 30 to 50 feet behind Fuller’s.
Everman told investigators that he saw the doors to Fuller’s and Sostek’s cars open almost simultaneously.
Sostek “looked huge,” and “towered over” Fuller, according to Everman.
“Sostek immediately ran towards Deputy Fuller, who was at the open door of his patrol vehicle,” the report said, citing Everman. Fuller retreated behind his rear bumper and yelled “Get back,” but Sostek came within arm’s length of Fuller, according to Everman.
Fuller fired five shots in two seconds, the report said. Blood was found on the snow near the rear of Fuller’s car. Sosket was pronounced dead at the scene.
Four months after the shooting, Fuller and Deputy Nicolas Baca encountered a suicidal man who had been stabbing himself. Fuller and Baca stopped the bleeding, and in February 2024, the department presented them with a lifesaving award.
Fuller is on full duty, sheriff’s spokeswoman Gloria Orejel said.
