Hollister
– District Attorney Candice Hooper announced Friday that
sheriff’s Sgt. Mike Rodrigues was justified in the shooting of an
unarmed man June 10 on Highway 156.
Hollister – District Attorney Candice Hooper announced Friday that sheriff’s Sgt. Mike Rodrigues was justified in the shooting of an unarmed man June 10 on Highway 156.
Hooper refused to explain Friday why she believed Rodrigues was justified in the shooting of 29-year-old Israel Guerrero.
“Our job was to determine if there was any criminal liability, and there was none,” Hooper said.
The district attorney declined to answer further questions.
Rodrigues fired his gun from the hip at Guerrero after a shock from a Taser gun and baton strike failed to subdue the advancing and unarmed man, according to the sergeant’s report.
The bullet went through the back of Guerrero’s upper left arm and slightly downward into his chest, according to an autopsy report released last week.
Dr. John Hain, a Monterey County forensic pathologist, concluded last week that Guerrero died of excited delirium due to methamphetamine and cocaine intoxication. Contributing to the man’s death was a gunshot wound, Taser gun shocks, pepper spray and struggle with law enforcers, according Hain’s report.
Rodrigues’ 11-year-old daughter watched the shooting from the patrol car, a sheriff’s office report said. The girl told investigators she thought her father shot the man as he ran away, according to a report.
Sheriff Curtis Hill has said the daughter was wrong.
In a one-page letter released Friday, Hooper listed that she had reviewed the San Benito County Sheriff’s Office incident report, various medical reports, county communication logs, her own office’s report and a Kern County Sheriff’s report.
“After careful review, we have concluded that there is no evidence of criminal liability on the deputy’s part,” Hooper wrote at the end of the list.
The sheriff has said Rodrigues followed use-of-force procedure in shooting Guerrero, but violated office ride-along policy by having his daughter in the patrol car.
Hill has said he cannot discuss any reprimands against Rodrigues because of state peace officer privacy laws.
Rodrigues has been on “limited duty” for two weeks and has not been allowed to carry a gun, according to Hill.
