BALTIMORE, MD (November 18, 2022) – The Independent Investigations Division (IID) of the Office of Attorney General today released its investigative report of the November 13, 2021, fatal officer-involved shooting in Baltimore.
On November 13, 2021, at 3:09 p.m., Baltimore Police Sergeant David Burch was off-duty at 5711 O’Donnell Street getting a haircut at Bladi Style Barbershop. Carlos David Ortega walked into the barbershop, retrieved a gun from his front waistband, and shot Rafael Jeffers several times while Sgt. Burch was seated in Mr. Jeffers’ barber chair. After shooting Mr. Jeffers, Mr. Ortega told Sgt. Burch to move and approached Mr. Jeffers with the firearm still in his hand. Sgt. Burch then retrieved his off-duty firearm from the bag he was carrying and shot Mr. Ortega six times. Mr. Ortega and Mr. Jeffers were both taken to an area hospital where they were pronounced dead. Sergeant Burch was not injured.
The IID concluded its investigation on July 20 and forwarded its investigative report to the Baltimore City State’s Attorney’s Office on July 21. The Baltimore City State’s Attorney’s Office notified the IID on October 26 of its decision not to prosecute the case.
The IID’s report contains detailed investigative findings and an analysis of relevant legal issues. Because the Baltimore City State’s Attorney’s Office—not the IID—retains prosecution authority in this case, the report does not make any recommendations as to whether any individual should or should not be charged. A copy of the investigative report can be found here.
By law, the IID’s report must remain confidential until any related prosecution is completed or the State’s Attorney’s Office declines to prosecute. If the local State’s Attorney decides to prosecute the matter, the IID will release the report, with appropriate redactions for confidentiality, within 30 days of a final judgment of all defendants in the case. If the local State’s Attorney declines to prosecute, the IID will release the report, with appropriate redactions for confidentiality, within 30 days of that determination.
On November 13, 2021, at 3:09 p.m., Baltimore Police Sergeant David Burch was off-duty at 5711 O’Donnell Street getting a haircut at Bladi Style Barbershop. Carlos David Ortega walked into the barbershop, retrieved a gun from his front waistband, and shot Rafael Jeffers several times while Sgt. Burch was seated in Mr. Jeffers’ barber chair. After shooting Mr. Jeffers, Mr. Ortega told Sgt. Burch to move and approached Mr. Jeffers with the firearm still in his hand. Sgt. Burch then retrieved his off-duty firearm from the bag he was carrying and shot Mr. Ortega six times. Mr. Ortega and Mr. Jeffers were both taken to an area hospital where they were pronounced dead. Sergeant Burch was not injured.
The IID concluded its investigation on July 20 and forwarded its investigative report to the Baltimore City State’s Attorney’s Office on July 21. The Baltimore City State’s Attorney’s Office notified the IID on October 26 of its decision not to prosecute the case.
The IID’s report contains detailed investigative findings and an analysis of relevant legal issues. Because the Baltimore City State’s Attorney’s Office—not the IID—retains prosecution authority in this case, the report does not make any recommendations as to whether any individual should or should not be charged. A copy of the investigative report can be found here.
By law, the IID’s report must remain confidential until any related prosecution is completed or the State’s Attorney’s Office declines to prosecute. If the local State’s Attorney decides to prosecute the matter, the IID will release the report, with appropriate redactions for confidentiality, within 30 days of a final judgment of all defendants in the case. If the local State’s Attorney declines to prosecute, the IID will release the report, with appropriate redactions for confidentiality, within 30 days of that determination.