DOJ Won’t Charge Deputy in Fatal Police Shooting – Victim’s Family Threatens Suit

PC: Thomas Def Via Unsplash

OAKLAND, CA — California Attorney General Rob Bonta late last week released a report on the death, by police shooting, of Christopher Mercurio, as required by a 2021 law requiring state Dept. of Justice to investigate an “officer-involved shooting resulting in the death of an unarmed civilian in the state.”

In this case, according to L.A. Times, Los Angeles Deputy Lorena Gonzalez “fatally shot an unarmed mentally ill man two years ago at a Valencia mall” on Jan. 11, 2023 after responding to a trespassing call at a Macy’s department store.

After the investigation, the DOJ report released two years later concluded that “criminal charges were not appropriate in this case.”

Instead, according to the DOJ, the 27-page report offered a “series of policy recommendations” for the Los Angeles Sheriff’s Department.

“Based on the criminal investigation, review of evidence, and evaluation of the case, we have determined that there is insufficient evidence to support the filing of criminal charges against Deputy Gonzalez,” cited the report’s introduction.

However, according to the Los Angeles Times, Mercurio’s family attorney Christian Contreras wrote that Mercurio was “tragically killed” and “not an imminent threat” when Mercurio was “merely trying to find a place to sleep at night. The Mercurio family is disappointed in the DOJ’s determination but looks forward to their civil rights lawsuit against the County of Los Angeles.”

According to Deputy Gonzalez, while she informed Mercurio to leave the mall and step back repeatedly, Mercurio, reads the DOJ report quoting Gonzalez, continued to threaten her, saying he’d “kill every f*** that comes here” and “I’m going to f*** you up, b**ch.”

Deputy Gonzalez stated she was “in fear for her safety,” citing Mercurio’s physique to be over 6 feet, “easily around 300 pounds,” and that he had already hit her several times causing “searing pain” and with the intent on following through with his threats.

“When he hit me that first time, not only has he threatened me, but now that threat (has) become so real that now he’s actually carried it out,” Deputy Gonzalez recalled in the released DOJ report.

“[He] had every intention to just do what he said, and that he was going to kill me,” she added to her statement. “He has every intention, now, to cause me great bodily harm.”

AG Bonta responded his office “recognize(s) the considerable challenges and difficulties faced by all those impacted, including Mr. Mercurio’s family, the law enforcement agencies involved, and the community as a whole.”

Currently, the Sheriff’s Department stated that it “fully respects” the investigative process and accepts the conclusion, according to L.A. Times.

“We are extremely mindful of the significant responsibility we bear as public servants entrusted with maintaining safety and order within our communities,” the department’s statement said, cited by L.A. Times. “We also recognize the importance of learning from every incident and continue to prioritize the safety and well-being of our deputies, the individuals they interact with, and our communities we serve.”

The State DOJ claims in a statement it’s “identified three policy and training recommendations” to prevent similar incidents from this point forward: expanding de-escalation tactics; providing training on identifying people with mental health conditions; and providing “refresher training” on deputy requirements and responsibilities.

The DOJ’s statement recommended LASD provide its deputies with improved training on “tactics, techniques, skills, strategies, and approaches for safely and effectively addressing situations” while interacting with people with mental health conditions “without use of force whenever possible.”

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  • Vy Tran

    Vy Tran is a 4th-year student at UCLA pursuing a B.A. in Political Science--Comparative Politics and a planned minor in Professional Writing. Her academic interests include political theory, creative writing, copyediting, entertainment law, and criminal psychology. She has a passion for the analytical essay form, delving deep into correlational and description research for various topics, such as constituency psychology, East-Asian foreign relations, and narrative theory within transformative literature. When not advocating for awareness against the American carceral state, Vy constantly navigates the Internet for the next wave of pop culture trends and resurgences. That, or she opens a blank Google doc to start writing a new romance fiction on a whim, with an açaí bowl by her side.

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