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  • MoCo DA Report On Ruiz OIS

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    Marissa Schwartz
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    MoCo DA Report on Ruiz OIS

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    MoCo DA Report on Ruiz OIS

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    MoCo DA Report on Ruiz OIS

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
    415 visualizações11 páginas

    MoCo DA Report On Ruiz OIS

    Enviado por

    Marissa Schwartz
    MoCo DA Report on Ruiz OIS

    Direitos autorais:

    © All Rights Reserved
    Baixe no formato PDF ou leia online no Scribd
    Sinalizar o conteúdo como inadequado
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    * NEWS RELEASE * NO CHARGES WILL BE FILED IN SHOOTING DEATH OF SUICIDAL ROBBER WHO IGNORED POLICE COMMANDS TO SURRENDER AND INSTEAD BRANDISHED REPLICA FIREARM AT POLICE FOR IMMEDIATE RELEASE May 8, 2015 CONTACT: ASSISTANT DISTRICT ATTORNEY JEANNINE PACIONI (831) 758-5417 Monterey County Distriet Attomey Dean D. Flippo announced today that no charges will be filed against any police officer who was involved in the shooting death of Angel Ruiz on March 20, 2014, Relevant reasons for this conclusion include: © Ruiz committed multiple violent armed robberies in the months leading up to March 20, 2014, © According to Ruiz’s daughter, in the month prior to the shooting Ruiz twice attempted suicide, '* During two telephone conversations on March 20, 2014, Ruiz told his daughter that he knew the was going to die, said his good-byes and that he was never going back to prison, On March 20, 2014, Ruiz texted his wife saying he was going to jump off a cliff, © Ruiz authored a suicide note dated March 20, 2014, © On March 20, 2014 at abouty6i18p.m., Ruiz committed a violent robbery at Jack in the Box, including shoving a gundi ype pfetiy’s ponte © OnMarch 20, 2014, RUSH a aa . Ruiz pointed a gun at an employee of the Wingstop restaurant, ies ‘+ The Wingstop restaurant was ¢fowded with patrons atthe time when police contacted Ruiz to arrest him, * Ruiz refused to comply with numerous commands by police officers. * Ruiz pulled out a firearm, later determined to be a replica, instead of raising his arms as ordered and was shot. * Civilian witnesses corroborated the police officer's statements: * Toxicology results show Ruiz Had & blood alcohol level of .15 and potentially toxic levels of medications prescribed fo Psyehiatrié disorders, Pursuant fo State and Federal law'dnjepervon, folding a police officer, is allowed to use deadly force in self-defense or in defense of others if the person reasonably believes the immediate use of deadly force is necessary to defend against an imminent danger of great bodily injury or death. The danger does not need to have actually existed as long as the person reasonably believed the danger existed, Further, a person acting in self-defense or defense of others is not required to retreat, The person is entitled to stand his or her ground or even, if reasonable, o pursue an assailant until the danger of death or bodily injury has passed, ‘This is so even if safety could have been achieved by retreating, ve Trent" spaptaare de tons. ‘eyenes ‘The investigation revealed thatthe officers acted with a reasonable belief that Angel Ruiz posed an imminent deadly threat when officers shot him in self-defense and defense of others. At close range, he ignored officers’ comm id instead pointed what looked like @ semi-automatic firearm at them, Even before Califotuiatbecamé & state in 1850, the law of self-defense and defense of others has never required an actual threat. The fact that Angel Ruiz had a replica firearm rather than a real one makes no difference, as long as a person asserting self-defense had an actual and reasonable belief the gun was real. All ofthe officers thought the gun was real and the investigation disclosed no evidence to the contrary, In summary, it appears that Angel Ruiz. decided to kil himself that day and chose to use police asthe instrument of his death, Unfortunately, his plan succeeded, For details see the attached letter toSilinas Police Chief Kelly MeMillin authored by Assistant District Attomey Jeannine Pcion!explining our analysis SPMyEBI Be les ‘ai aebeodee MONTEREY COUNTY OFFICE OF THE DISTRICT ATTORNEY DEAN D.FLIPPO DETNGT TORY May 7, 2015 Chief Kelly MeMilin Salinas Police Department 2 Lincoln Avenue Selinas, CA 93901 Re: Officer Involved Fatality Date of Incident: March 20, 2014 Deceased: Angel Francisco Ruiz SPD Report #14-031068 Chief McMillin: i BRE ‘The District Attomey's Office UN fl Hs review of the above referenced incident. The scope of ‘this review is narrow. It is not to advise concerning best practices for aw enforcement in the field, but © gather to determine if any officer commitied a crime beyond ressonable doubt, ‘Based on our review the evidence docs not show beyond a reasonable doubt the officers in question ‘committed any crime beoause they acted in self-defense and defense of others when they shot Angel Ruiz on March 20, 2014. “Any person, including a police office, i allowed to use deadly force in self-defense or in defense of others if the person reasonably believes the immediate use of deadly force is necessary to defend against an imminent danger of great bodily injury or death. ‘The danger does not need to have actually existed as long as the person reasonably belioved the danger existed. Further, a person acting in self defense or defense of others is not required to retreat. The person is entitled to stand his or her ground or even, if reasonable, to pursue an assailant until the danger of death or bodily injury has passed. This is 80 even if safety could have been achieved by retreating. Further, police officers have a legal righ to use deadly force in situations ordinary persons do not, A. police officer may use deadly force when the killing (1) is necessary to prevent the escape of a suspect, ‘if where feasible some warning has been given, as long as there is probable cause to believe the suspect has committed a felony thut threatened death or great bodily injury, OR (2) is necessary ‘because the suspect is resisting arrest and the officer has probable cause to believe the suspect poses & ‘threat, including a future threat, etl of eid bodily injury tothe officer or others. Unlike self- Sto sogrgurmcumss sour eum sammercoe C1 re cocict MOvrenx ealroraeasso OO fo tmcse Sco er) Sooooe ane ees at bodily iniucy defense, peace officers may use deadly fozee in these circumstances even if the danger posed by the suspect is not imminent. Police officers can lawfully uso deadly forue even if from 20/20 hindsight other feasible, and even less dangerous, options existed, ‘The situation must be viewed from the perspective of a zeasonable officer atthe scene, Officers aro fotved to make split-second judgments—in circumstances that are tense, ‘uncertain, and rapidly evolving—dboui thé amount of force that is necessary in a particular situation, DigUNIMARY OF FACTS (On March 20, 2014 at 9:51p.m., County Communications dispatched officers from the Salinas Police Department o 1516 Constitution Bivd. in Selinas because a caller reported a Hispanic male wearing black sweatshirt and sweatpants, armed with a handgun, was trying to rob people, According to the reporting patty, several people saw the Hispanic male with the gun and saw him place the gun in his pants. ‘The reporting party told dispatch that the suspect may have walked into Wingstop Restaurant, Dispatch called Wingstop and spoke with ait ¢mployee who confirmed the suspect was inside the restaurant wearing a blaok sweater and black pants. Additionally, the employee reported that the snspect’s face appeared beaten up. Informed of this arrived and positioned hirhself ceast of the front of Wingstop's double Blass, dar Jobserved an employee point to ‘Ruiz while she was on the telephone with, County Communications. From his location aaa (@RBREB could not determine how many customers wore inside the restaurant. e also dispatched to Wingstop and wore provided same information ' received, One ‘spproached on foot from the westera side of the restaurant. ‘They altemnpte io 0 inside the restaurant, but eould not ocate him sron that vantage point atid AB returned to ‘their patol vehicles. jeved his canine partner, and his shotgun. Both re-apptoached on the west side of the billig into the full parking lot in order to obtain a better view. ‘From that locatc ti served Rniz, who matched the reported suspect's description, SAAT ce here yere about 20-30 people inside the business, Tho mnajority of people were located | om portion of the building, AAT cold cana allow Ruiz to exit tho restaurant and ensure that the doors shut behind him before they ‘challenged him in order to minimize Ruiz’s opportunity to take innocent hostages, ved on scene pulling’his ca into the parking lot in afer to provide officers with ‘better cover a the sano information provided by dspetch recounted above, As ulled us marked patrol ar into the parking lot, the suspect began exiting the ‘estaurant’s double glass doors and started walking east toward| )s location. Sexgeant vated his spotlight on Ruiz. jobserved Ruiz’s demeanor change— GMB icscribed it os a soar ‘gn at that time. However, bé ‘concerned that Ruiz. would use deadly totes.” a NN 0; ellen ged Rui, ordering him to put hi Ruiz ignored those orders. Ruiz did not get suprised or afraid, and instead seemed stoic (MBM clicved, based on his training andienperience, that Ruiz wes not likely to go along with the “program”. Inhis experience, when suspects behave lke Ruiz, the fight has “been on.” saticipated that Ruz would use deadly. forge because his hands were down by his waist the whole time and Ruiz began backing up toward the Business knew something was wrong when Ruiz did not comply with the four officers’ commands to raise his hands. |described Ruiz’s face as “emotionless,” ‘Based on Ruiz’s actions and the xeport of an attempted robbery with a gun, AIEEE deployed his dog, The caniné managed to grab a soft item later determined to be @ bag from the suspect's left hand, canine was ordered to drop the item and te-engage, When the canine attempted to re-engage Rulz, noticed a ‘and saw Ruz raise that arm, As Ruiz raised his gun, pointing it atl ‘is gum at Rutz osring that otherwise Ruiz ‘would kill an officer. Video footage’ from, Wingstop shows Ruiz. raising his right arm towards the officers with what appears to ‘ean he Likewise, SEINE siw Ruiz reaching for his gan and thought Ruiz was going to ‘out and shoot the officer. (NNN was in fear for his fife, his partners life and surrounding civilians, Tn response to seeing Ruiz grb the gun J (MBB com firing his gun ct Ruiz, QRENENMBsaw the suspect holding a metallic object that ‘Tooked like a handgun and shot at Rniz as Ruiz started to go dowa.| yas approximately 6 fest from Ruiz when Ruiz pulled his gua cut. AI ond approximately 10-12 feet away. Angel Ruiz died on soene as a result of his injuries, Angel Ruiz’s ‘Weapon fumed out bo an eirsft pistol tht esenbled a son-antoniatic pistol. [Attachment A] Pathologist’s findings: Dr. Venns Akt, Board Certified Pathologist, determined that Angel Ruiz ied os a result of nmltiple gunshot ‘examination showed 13 gunshots and 1 shotgun wound. His blood alcohol jeVel"

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