CHP said it didn't have video from this deadly shootout. It does.
By
Julie Watts
/ CBS News California
EXCLUSIVE VIDEO: CHP denied that this video existed. Turns out, it does.
In response to CBS13's ongoing investigation into the California Highway Patrol's (CHP) deadly Mahany Park shootout in Roseville, on Monday the California Highway Patrol released never-before-seen dash cam, cell phone, helicopter, and drone footage from that day. For months, the CHP claimed the video didn't exist.
CBS Sacramento was first to obtain nearly seven hours of police video from the day suspect Eric Abril allegedly shot an officer and two hostages at a Roseville park as children dove for cover.
The shootout began with a controversial decision by the California Highway Patrol to serve a planned, high-risk search warrant to an armed felon at a public park surrounded by spring break day camps without notifying local police. This video provides a new context for the deadly shooting that traumatized a quiet community.
Abril allegedly shot a CHP officer and ran to a nearby ravine where Jim and Patty MacEgan were out for a walk.
Graphic Video
The newly released video appears to begin after Mr. MacEgan was shot. Graphic drone video appears to show Abril using Mrs. MacEgan as a human shield and later appears to show him shooting her in the arm.
Out of respect for the victims and their families, CBS Sacramento has chosen not to publish those graphic images — or any images of the MacEgans from that day. The purpose of obtaining this video was to provide context and clarity and to help inform future policy, not to air graphic or sensational video.
For nine months we've been fighting for answers about the law enforcement policies and procedures that led to the fatal shootout. We still don't have answers about what's being done to ensure this never happens again.
We continue working to get video and images from the initial confrontation and early minutes of the shootout to help inform the public and potentially shape future law enforcement policy.
In the meantime, the video we have obtained demonstrates how local law enforcement came to CHP's rescue. It also calls into question why the Governor's state police force claimed this video didn't exist.
It shows the chaos as officers from multiple local agencies responded to calls of "shots fired at Mahany Park." Previously released body camera video appears to reveal crossfire as officers inadvertently shot toward each other at opposite sides of the park.
Drone video shows Abril lying in a creek using Mrs. MacEgan as a human shield, holding her on top of him at gunpoint. One of his dogs remained by his side throughout the hostage situation.
The video appears to show Abril shooting Mrs. MacEgan in the arm shortly before he surrendered. He walked out of the creek, shirtless with his hands up, before lying on the ground. His dog was still by his side as officers from multiple agencies rushed in to arrest him. Other officers ran in to attend to the MacEgans.
Did CHP Violate State Law?
It appears CHP knowingly violated state law by withholding this video.
AB 748 requires law enforcement to release recordings that relate to a fatal officer-involved shooting within 45 days of the incident. It has now been 9 months.
CHP only acknowledged they had the requested video after CBS Sacramento explained that we confirmed its existence through law enforcement sources.
On June 23, 2023, CBS Sacramento first requested CHP dash-camera recordings from the incident. In CHP's response, dated July 2, 2023, the agency's "Office of Risk Management" denied the existence of any video stating "the Department does not possess responsive records."
CBS Sacramento later confirmed its existence and sent a second request to CHP.
On October 24, 2023, we requested "any and all recordings" from "the scene of the Mahany Park incident … beginning with the officers/detectives' arrival at Mahany Park (driving up to the park) through the time the suspect was apprehended and taken into custody (removed from the park)."
In response, on November 13, 2023, CHP acknowledged that it did, in fact, possess responsive records. The agency later provided an excerpt of redacted dash camera video from a CHP cruiser. However, CHP failed to acknowledge the existence of any additional video.
CBS Sacramento confirmed again through law enforcement sources that there was additional aerial footage of the shooting. Again, we reminded CHP that they were violating state law and again we requested that they comply.
Legal experts we consulted said the agency was either incompetent or deliberately withholding responsive records.
A little over two weeks later, on Monday, CHP provided nearly seven hours of additional video from the Mahany Park shootout.
The Ongoing Investigation
You can still see the scars left by the bullets near the batting cages just feet from where kids dove for cover.
It's been nine months since the Mahany Park shootout and we still don't have answers to basic questions about what's being done to ensure it never happens again.
The multiple agencies involved each appear to be withholding public information.
The Placer County Sheriff's Office, which has Abril in custody, is refusing to release the hostage's coroner's report which could confirm Mr. MacEgan was shot by the suspect and not CHP officers in the crossfire.
The Roseville Police Department, which arrested Abril and took over the investigation, will only release four 39-second clips of its body camera video, raising questions about what that agency is trying to hide.
State law requires agencies to release any recording "that relates to" a fatal officer-involved shooting, or "critical incident." However, Roseville PD is now attempting to rewrite state law. Instead of releasing recordings that "depict an incident involving the discharge of a firearm." They claim they only have to release recordings "of the discharge of the firearm."
Roseville PD is the first agency, that we're aware of, to ever make that argument. Even the author of the law called their argument ludicrous. If allowed to stand, however, it could set a concerning precedent for future police shootings.
Separately, the CHP has yet to explain why it violated the state law for months by denying the existence of its video.
Additionally, CHP has yet to acknowledge any policy changes following its controversial decision to serve the warrant at the park that day. That is a concern for many who want answers and accountability.
They note that CHP is the Governor's police force with jurisdiction across the state. Next time it could be your neighborhood park, your kid's day camp, or your loved one taken hostage.
FAILED POLICIES: One suspect. Three agencies. Countless questions.
PART 1 - The CHP Search Warrant: A Controversial Decision In the first of a multi-part series, CBS Sacramento investigates the decision by the California Highway Patrol (CHP) to serve a planned, high-risk search warrant, on an armed suspect at a public park surrounded by kids at day camp, without notifying local law enforcement. A hostage was killed. Kids were traumatized. Yet, CHP remains silent.
PART 2 - The Hidden Recordings: What Are They Hiding? Next, CBS Sacramento investigates the public's right to see law enforcement records and recordings related to police shootings. The Roseville Police Department won't release most of its body camera video, CHP initially denied the existence of its dash-camera recordings, and Placer County won't release the hostage's coroner's report. They are all public records under California law which has many asking, "What are they hiding?"
On April 6, 2023, Jim and Patty MacEgan were taking a late-morning stroll on one of Roseville's many lush walking trails. Nearby, Mahany Park was filled with kids at spring break day camps put on by the City of Roseville, which is ranked among the safest cities in the country.
Roseville had been recently ranked the best place to live in California, but the safety and security were about to be shattered by a law enforcement decision to serve a high-risk search warrant on an armed felon at a public park.
Court records reveal that Eric Abril was a suspect in a freeway shooting two months earlier in Sacramento, 20 miles away. A CHP special task force had been surveilling Abril in Roseville where he was staying with his mother.
Instead of serving their search warrant at Abril's home, highway patrol decided to follow him to the Mahany dog park. Court records reveal that as Abril "walked back to his Toyota, (an officer) confronted him."
After briefly putting his hands up and walking backward, Abril allegedly "pulled out a pistol and began shooting" at officers, hitting one. CHP officers fired back as Abril ran toward the batting cages where kids were playing.
"That's when we got on the ground," said Kyle, a boy who'd been hitting in the batting cages with his friend. "Then gunshots were fired, roughly 20," he said.
Ethan and his friend Kyle said Abril tripped on one of their baseballs as he ran by.
"He tripped right in front of us. He was like four feet, three feet from Kyle," Ethan said, adding that Abril briefly dropped his gun before picking it up and running toward a nearby ravine.
That's where Jim MacEgan and his high school sweetheart, Patty, were out for a walk. Jim and Patty had just celebrated their 50th anniversary. It would be their last.
Abril took the couple hostage, and within minutes, Jim was dead, Patty was shot and a community was forever changed.
"It was terrifying," Kyle recounted. Abril could have easily taken the boys hostage instead.
Camp counselors nearby tried to shield young kids from the chaos.
"I was stuck in a room called the black hole. It was an equipment room in the gym," explained one young camper.
"They just took us to the library and waited 3 hours," said another camper named Emily.
"I was still terrified," Emily's mom said, even after learning her kids were safe. "You know, both my kids are in the camp. Of course, it's scary."
Children and parents were traumatized by what could have happened... and what did.
Lessons Learned
Many in law enforcement have concerns about CHP's apparent actions that day.
A basic Google search would have revealed to CHP that Abril had a history of running from police and hiding in a ravine.
After a violent attack in 2014, he led police on a lengthy chase along the San Luis Obispo Creek. However, the CHP won't say if they considered that before serving their warrant at a Roseville park surrounded by creeks and ravines.
Additionally, Roseville PD said the CHP never notified them about plans to serve a high-risk warrant at Mahany Park that day. Had they known, Roseville police might have warned the CHP about the city-run day camps and other risks to the public at the park.
Notably, Abril's 2014 police report also reveals that Abril escaped from a local hospital after his arrest, which happened again in Roseville after his arrest this year. The escape prompted a multi-day manhunt before Abril was located in another ravine.
Remaining Silent
CHP declined our interview requests and wouldn't answer written questions about its internal investigation or possible policy changes as a result of the deadly shootout, stating:
"The Department respectfully cannot answer any questions that may influence decisions criminally or administratively that remain under investigation."
Julie Watts is a national-award-winning investigative correspondent for CBS News, covering California. Her investigations, Capitol accountability reports, and solutions-oriented journalism air weekly on CBS stations across California.
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