A San Diego federal jury was unable to reach verdicts and a mistrial was declared Thursday in the case of a former San Diego County sheriff’s deputy who fatally shot an unarmed man.
Jurors deliberated for more than a week before announcing they were deadlocked in the trial of Aaron Russell, who has been prosecuted in both state and federal courts for the May 1, 2020, shooting death of Nicholas Bils.
Following Thursday’s mistrial announcement, a status hearing was set for next month, at which point prosecutors may address a potential retrial. Russell had faced federal charges of deprivation of rights under color of law and using and discharging a firearm during and in relation to a crime of violence, after he was indicted last year.
Bils, 36, had been arrested for allegedly brandishing a golf club at park rangers in Old Town State Park. As he was being transported to San Diego Central Jail, he partially slipped out of handcuffs, escaped from a California State Parks officer’s car, and took off running.
As he fled, Russell fired five shots, hitting Bils in the back, arm and thigh.
Three other law enforcement officers were at the scene, but Russell was the only one to draw his firearm, according to prosecutors. At the time of the shooting, Russell was 23 years old and had been a deputy for 18 months. He resigned from the department shortly after the shooting.
In the opening statements of the federal trial, a prosecutor argued Russell’s decision to open fire “shocked” the other law enforcement officers present.
Assistant U.S. Attorney C. Seth Askins told jurors that Russell didn’t command Bils to stop running or issue any verbal warnings that he might fire his weapon.
Defense attorney Richard Pinckard argued, and Russell testified, that he believed a loose handcuff in Bils’ hand might have been a weapon. Pinckard said Bils slipped out of his left handcuff before he escaped, leaving his left arm free as he ran, while his right arm was cradled near his chest.
Russell was previously charged with murder by state prosecutors, but ultimately pleaded guilty to voluntary manslaughter and was sentenced in 2022 to one year in jail, plus probation.
The shooting also led to a wrongful death lawsuit filed by Bils’ family, which settled in mid-2022, with San Diego County agreeing to pay the Bils family $8.1 million.
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