The League of United Latin American Citizens requested Thursday
that the San Benito County grand jury investigate the shooting of
an unarmed man by a sheriff’s deputy in June.
HOLLISTER
The League of United Latin American Citizens requested Thursday that the San Benito County grand jury investigate the shooting of an unarmed man by a sheriff’s deputy in June.
Crencencio Padilla, a criminal justice representative for LULAC’s 12th district, mailed a packet to the grand jury requesting an investigation into former San Benito County Sheriff’s Sgt. Mike Rodrigues’ shooting of 29-year-old Israel Guerrero. Padilla requested the investigation on behalf of Guerrero’s widow, Ivonne Guerrero.
Padilla, who worked as an investigator for the Monterey County Public Defender’s Office for 24 years, gave seven reasons why the grand jury should look into the shooting, and wrote it should “contact the Attorney General for assistance since the District Attorney Candice Hooper is part of the problem.”
Hooper announced the shooting was legal in July. Sheriff Curtis Hill has said Rodrigues followed the office’s use of force policy in the shooting.
“If they want to go to the AG’s office, they can go to the AG’s office,” Hooper said, later adding, “The way we saw it, I stand by that.”
If compelled to do so, the grand jury could produce an indictment out of an investigation if it suspects any criminal liability, according to the California Penal Code.
One of Rodrigues’ attorneys, Mike Pekin, answered his cell phone Thursday and requested the Free Lance call his home telephone.
“I might say something like: He’s a peace officer. He will not respond to this. Talk to county council,” said Pekin, before he did not answer his home line or return calls Thursday afternoon.
Padilla argued that the statement of Rodrigues’ daughter, who was in the patrol car at the time of the shooting, and Dr. John Hain’s autopsy report, show that Guerrero was running away when the deputy shot him.
According to his report, Hain determined that Guerrero – who a toxicology report showed had “potentially toxic” levels of cocaine and methamphetamine in his system – later died of excited delirium, with the gunshot wound, Taser shocks, a baton strike and struggles with law enforcement contributing to the death.
Padilla said that another deputy was present during the shooting, with more help on the way, and that Rodrigues didn’t have to use lethal force to subdue Guerrero. Padilla said the deputy’s life was not in imminent danger.
“No matter what, they always find the police actions justified,” Padilla said. “That’s why you need an outside agency.”
