Police in Auckland were justified in fatally shooting a man after he fired on officers multiple times in the streets of Henderson last year, the police watchdog has ruled.
The Independent Police Conduct Authority (IPCA) found officers were justified in their actions during the fatal shooting of David Fononga on March 17, 2023. He died aged 26.
The incident, which took place in broad daylight, saw Fononga driving through the streets of the West Auckland suburb, slowing to fire at police officers.
IPCA chairperson Kenneth Johnston KC said: “The command and control of this incident was satisfactory in the extraordinarily difficult circumstances the officers faced.”
He said the four officers who discharged their firearms over the 18-minute incident did so justifiably. The authority investigated several key moments during the incident.
At about 10am, Fononga fired a round into the ceiling and stole a canister of cash while workers replenished an ATM at a Gull petrol station on Forrest Hill Rd.
He left the scene but returned about 30 minutes later and aimed a firearm at police officers who were attending to the scene of the armed robbery.
The man then shot at police before himself being shot outside the Henderson Police Station.
(Source: 1News)
Over the next 18 minutes, Fononga drove around Henderson, shooting at police officers in six different locations. Police on two of those occasions fired shots back.
Multiple patrol cars were sprayed with shotgun pellets.
His final destination was the Henderson Police Station, where he got out of his car, still holding his shotgun, and was shot by officers from the armed offender squad (AOS).
Officers performed first aid at the scene and an ambulance was called, but Fononga later died from his injuries.
The investigation highlighted issues with communication during the fast-moving event.
A mistaken street name from the police helicopter, Eagle, led to an officer being caught by surprise and shot at twice at close range.
As a result, the IPCA has recommended that police explore giving Eagle helicopter operators the ability to override other radio users to transmit critical information.
‘I believed that he was hunting down police’
Coincidentally, a car containing four AOS officers had been attending a training day nearby, when the incident began unfolding.
Witnesses who saw the man open fire inside the Gull station say they’re still shaken. (Source: 1News)
The IPCA found two AOS officers were justified in shooting at Fononga on Great North Rd when he fired at their car. The officer’s bullets hit Fononga’s vehicle.
One officer described fearing for his life during the ordeal.
“I feared that he was going to kill us. I watched him shoot. I firstly heard multiple officers reporting that he had been shooting at them,” they told IPCA investigators.
“I’d watched him shoot on two separate occasions at two different police vehicles or at police staff and then he shot at us and I believe that he was hunting down police to shoot and kill police including myself.”
Officer’s round hit bystander’s car
Later, another officer was deemed justified in shooting at Fononga, near the View Rd intersection, when he appeared to be aiming his gun at officers. Police had abandoned their patrol car looking for cover in a driveway, when one officer fired a shot.
The officer told investigators: “He’s looked at us for a bit. We kinda just stared at each other and … I don’t think any of us were moving at that point, but then he’s turned and looked down to his left, and kind of bent over, like he was going to grab something.”
He continued: “The last thing I remember seeing is the gun coming up over the … door there …, so I’ve just f**king run … I thought I was about to get … shot.”
The officer’s round went through the windows of Fononga’s car, but did not hit him.
While the officer’s shot was found to be justified, the IPCA was concerned the round also hit a bystander’s car alongside the choice to shoot when there were civilians nearby.
According to the authority, a post-incident inspection revealed the officer’s round had hit the windshield pillar of a bystander’s car, fragmenting into at least two pieces.
A man was shot by police after an attempted robbery of a petrol station. (Source: 1News)
The driver of that vehicle was sitting in their seat at the time.
The report read: “Officer D was not AOS trained and he was about 25m from the BMW. Mr Fononga had partial cover from his driver’s side door. These factors suggest to us that Officer D would have been aware that his chances of hitting Mr Fononga were slim.
“The presence of civilians in the four vehicles at the intersection presented a real risk that taking a shot from about 25m, could cause death or grievous bodily harm to them, evidenced by the projectile hitting the bystander’s car.”
‘Drop the gun’: Fears man would storm police station
An officer recalled police yelling at Fononga to “drop the gun” after he arrived at the car park of the Henderson Police Station. From the evidence, the IPCA determined the man was continuously holding his shotgun, while intermittently aiming it at police.
After a period, three AOS officers then fired at the man almost simultaneously.
One officer described their actions: “He’s shot at us, I’ve watched him shoot at other police. I believed that he was going to go into that front counter and shoot staff.”
Earlier before Fononga arrived at the station, the district commander inside ordered the building be secured with fears the active shooter was deliberately driving in its direction.
Another officer who shot at the man said: “At no stage did I think he was there to surrender … If he was going to do that he would have got out of that car with nothing in his hands and listened to instructions and he didn’t do that.”
Two officers believed Fononga tried to shoot, but that there might have been a misfire.
“I remember a metallic click of the trigger being pulled … he very quickly has gone from pulling the trigger, the weapon not firing to actioning the weapon to try to get the weapon working again, because obviously it didn’t work the first time,” one said.
‘Extremely frightening day’
Relieving Waitematā District Commander Inspector Stefan Sagar said officers acted professionally in “extraordinary circumstances to ensure the safety of themselves and the wider community”.
“While we are incredibly relieved that no member of the public or officers were hurt during this incident, we do acknowledge Mr Fononga’s family who despite his actions on that day have a lost a loved family member,” he said in a media release.
“This was an extremely frightening day for all police staff in Waitematā and for the community as this event unfolded.
“It highlights the dangerous and unpredictable environment that our officers work in.
“I would like to take this opportunity to acknowledge the officers involved in this incident, many of whom had a firearm either pointed or shot at them.”
