Police shoot gun-wielding, hallucinating speed user

Lakewood Village man, 30, admitted to regular methamphetamine use

By Sam Scott

Dennis Bigalbal is lucky to be alive--even if he now finds himself facing half a lifetime in prison. A pair of bullets sent his way from close range could have administered a more immediate and severe sentence.

The 30-year-old man was shot at by Sunnyvale Public Safety officers after he allegedly lifted his gun while being told to drop it. The officers had been notified that the man appeared to be hallucinating and was holding a weapon.

An officer firing his weapon in the field is a uncommon occurrence in Sunnyvale.

"It's extremely rare," Captain Chuck Eaneff said. "I don't even remember when the last time was."

On December 28, at 5:12 a.m., public safety officers were dispatched to 1229 Prescott Avenue. Bigalbal allegedly shares the Lakewood Village home with eight of his relatives.

Gina Magat, the suspect's sister, allegedly called public safety to report that her 30-year old brother appeared to be hallucinating and was in possession of a handgun. When Magat got up to get ready for work, she allegedly found her brother pouring water over himself and praying. Magat said she called police when she saw her brother handling the backpack in which he keeps his .45 semiautomatic Ruger pistol. When she tried take the gun from him, he allegedly resisted and said people were trying to kill him.

She said she called 911 from the closet of a bedroom out of fear of her brother. Three children--one her brother's, the others her own--were allegedly also in the room.

After officers arrived outside and called for the occupants to exit, Magat, the three children, and Mylene Nicdao, Bigalbal's girlfriend, fled outside. After the five were out of range, officer Scott Simpson and officer Joseph Abenoja approached the front door demanding that Bigabal drop his gun.

According to Eaneff, Simpson was armed with a non-lethal weapon, much like a firing baton. Abenoja was covering Simpson with his pistol.

Both officers reported that Bigabal seemed to swing his gun up. Fearing for their lives, both officers fired.

The suspect denied raising his gun to shoot the officers. The pistol was legally registered to him.

According to Eaneff, Abenoja's bullets hit a wall and the floor, and Simpson's non-lethal projectile hit the suspect. After the shots were fired, police said, Bigabal lay prostrate on the floor and was arrested.

Lieutenant Tim Davis, the officer in command at the scene, said Bigabal seemed to be yelling at something, not them, as he was arrested.

According to court documents, Bigabal told police he had been taking $40 worth of methamphetamine--commonly known as speed--once or twice a week for the past six months. Paranoia and hallucinations are known to be symptoms associated with the effects of speed.

"We've never seen him act this way," Magat, his sister, said.

Eaneff said results from a test to establish the presence of drugs have yet to arrive.

David Howe in the Deputy Attorney's Office says Bigabal is charged with three counts of child endangerment with use of a handgun and five counts of false imprisonment. He faces in excess of 21 years in prison if convicted.

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