Hollister
– Sheriff Curtis Hill announced Thursday that a deputy acted
appropriately in the shooting of an unarmed man June 10 but
violated office policy because his 11-year-old daughter, who
witnessed the confrontation, was in the patrol car at the time.
Hollister – Sheriff Curtis Hill announced Thursday that a deputy acted appropriately in the shooting of an unarmed man June 10 but violated office policy because his 11-year-old daughter, who witnessed the confrontation, was in the patrol car at the time.
District Attorney Candice Hooper, however, said she has yet to conclude if the shooting was justified.
The San Benito County Sheriff’s Office on Thursday released the crime scene report requested by the Free Lance.
The records show that Sgt. Mike Rodrigues’ daughter told investigators she thought her father had shot 29-year-old Israel Guerrero as he ran away, but Hill said she was mistaken.
The girl watched from the patrol car as her father shot Guerrero after a Taser gun shock and baton strike failed to subdue the aggressive and advancing man, according to the records.
“As far as why she was there, I can’t talk about that,” Hill said. “But the rules say no one under age 13.”
Hill added that the daughter’s presence did not affect how the situation was handled.
“Mike Rodrigues was going to arrest this guy for being under the influence of drugs,” Hill said. “That’s what this is all about.”
The reports also showed contradicting statements from deputies about who pulled a gun on Guerrero first.
A cause of death for Guerrero has yet to be released, but Hill said there was “near lethal levels” of cocaine and methamphetamine found in Guerrero’s system.
The sheriff’s office also released Thursday arrest reports for Guerrero, including for burglary, various drug crimes, battery, theft and attempting to take a peace officer’s weapon.
At the scene June 10, deputies found 0.06 grams of cocaine in the car Guerrero was driving, along with a glass smoking pipe, according to the records.
Suspect Asked About Daughter in Car
In his incident report, Rodrigues stated that he stopped to investigate what he thought might have been a minor crash at about 2pm on Highway 156.
When he approached the rear vehicle, Rodrigues encountered Guerrero, who asked, “What’s you doing with that little girl in your car?” according to his report.
Rodrigues responded to Guerrero, “That’s my daughter and she’s on a ride-a-long, so don’t do anything stupid,” the report stated.
Guerrero’s behavior led Rodrigues to believe the man was under the influence of drugs, according to his report. Rodrigues attempted to search Guerrero, but the man was uncooperative.
Rodrigues called for backup from the California Highway Patrol and Guerrero mimicked the deputy in a mumbled tone, stating ‘CHP,’ according to his report.
It was at this time Rodrigues took out his Taser gun and pointed it at Guerrero’s right side, the report said. Rodrigues told Guerrero he would use the weapon on him if he continued to be uncooperative.
Guerrero then turned on Rodrigues, who stunned him in the chest, according to his report. The man screamed, fell to his knees and “bolted” away from the vehicle and into the eastbound lane of Highway 156, the report said. Rodrigues shot his Taser gun at Guerrero to no effect, the report said.
Backup Arrives
Deputy Bryan Penney soon arrived, parking his patrol car in the westbound lane of Highway 156, according to Rodrigues’ report. Penney attempted to use his Taser gun on Guerrero, but it failed at first, the report said.
After reloading the Taser gun, Penney hit Guerrero in his back, the report said. Unfazed, Guerrero continued toward Rodrigues, who had drawn his baton. A strike to the back of Guerrero’s left knee failed to stop the man, according to the report.
Rodrigues noted he saw Penney take out his pistol. Rodrigues put his baton away and drew his firearm, the report said.
Penney, however, noted in his report that he had seen blood on Guerrero and heard Rodrigues make “reference to shooting the male subject” before putting away his Taser gun and drawing his pistol.
Rodrigues reported that Guerrero continued advancing on him and eventually came to within three or four feet despite commands to get on the ground.
“It was at this time that I felt that my life was in imminent grave danger,” Rodrigues wrote. “At this point and time there was no way that I could re-holster my weapon and secure the safety snaps on my duty holster before Guerrero would physically make contact with me and my gun. This is when I fired a single round.”
The shot hit Guerrero in the abdomen, the report said.
Guerrero began bleeding and stripped his clothes, and six deputies eventually took him into custody, the reports said.
While in custody, medical personnel gave Guerrero a sedative but did not state what medication was administered, according to records.
He was pronounced dead at Hazel Hawkins Memorial Hospital at 3:25pm.
Since the shooting occurred, Hill has stressed that Guerrero was a criminal street gang member. Records released by the office showed the following about Guerrero’s past:
A Kern County Sheriff’s Office report stated that while investigating a March domestic disturbance call in Bakersfield, deputies had to use batons to subdue a combative Guerrero. Guerrero assaulted deputies and kicked at a police dog, according to the report. During the arrest, Guerrero attempted to take a baton and gun away from the deputies, according to the report.
Hill said Guerrero was a member of the Sureño street gang and participated in a 1993 drive-by in Hollister that left a girl blind.
Guerrero was arrested in Monterey County during the 1990s on drug-related charges.
In 2005, Monterey County sheriff’s deputies arrested Guerrero on battery charges.
