The following deserve a Thumbs Down this week:
THUMBS DOWN: Nearly three weeks after an unarmed, drugged man died after being shot by a sheriff’s deputy during a confrontation, a forensic pathologist released his findings on a cause of death.
While there’s no reason to doubt Dr. John Hain examined Guerrero with the appropriate level of diligence, the report, unfortunately, leaves a cloud of inconclusiveness about what Hain ruled was a “delirium-induced” heart attack – caused by “potentially toxic” levels of methamphetamine and “near potentially toxic” levels of cocaine, with the bullet wound, Taser shocks and the overall struggle contributing to his death.
The public has anxiously awaited what everyone hoped would be a clear answer about Guerrero’s death, especially how the gunshot wound – through his arm into his chest, contradicting an earlier sheriff’s report stating Rodrigues shot him in the abdomen – might have been a cause.
The pathologist concluded delirium due to cocaine and meth intoxication led to a heart attack.
But he also noted as contributing conditions the gunshot wound – causing “respiratory compromise” – and other aspects of the confrontation.
What stands out about the drug levels in Guerrero’s system is that the amount of meth in his body barely exceeded the minimum threshold for what experts consider “potentially toxic” – a range from 0.2 mg/L up to 5 mg/L. The level of cocaine failed to meet the minimum threshold of “potentially toxic” at 0.25 mg/L, coming back at 0.24 mg/L.
Undoubtedly, the drugs played a role in his heart failing. But the question remains as to whether Guerrero would have died if Rodrigues had not shot him.
Now, it seems, we will never know the answer.
THUMBS DOWN: Sheriff Curtis Hill in the days after the June 10 Guerrero confrontation neglected to shed light on details of the probe, understandable in order to protect the investigation’s integrity.
The one thing Hill didn’t hold himself back from announcing with the incident report’s release late last week was that the shooting was justified.
District Attorney Candice Hooper has waited for the autopsy report, which has potential to include details on how the confrontation played out.
Hooper’s opinion is the one that matters because she, not Hill, rules on justification.
Hill, meanwhile, made a poor decision when he placed Rodrigues on limited duty to help prepare for the Hollister Motorcycle Rally. While Hill believes the shooting was justified, Hooper had yet to rule on justification when the sheriff took it upon himself to return Rodrigues to the streets – albeit, without a handgun.
By state law, authorities can’t comment on potential penalties against Rodrigues for having his 11-year-old daughter in the patrol car at the time – a violation of office policy.
But aside from having no ruling on justification when Hill placed Rodrigues on limited duty, the deputy also showed seriously lacking judgment by having his daughter present at the scene when he shot Guerrero. While internal investigations are just that, internal, we hope it prompted a serious examination of Rodrigues’ ability to maintain necessary judgment to be a cop before placing him back on duty.
