Killing of Andres Guardado

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Killing of Andres Guardado
Approximate Location of the incident in Gardena.
DateJune 18, 2020 (2020-06-18)
Time17:52 - 17:53
LocationGardena, California
TypeShooting
ParticipantsMiguel Vega
Chris Hernandez
DeathsAndrés Guardado

Andrés Guardado was an 18-year-old Salvadoran-American man shot in the back and killed by a Deputy Sheriff from the Los Angeles County Sheriff's Department near Gardena and West Compton on June 18, 2020.[1][2][3][4] Guardado ran from two uniformed police officers into an alley, where he died after being shot by deputies. Seven shots were fired and Guardado was hit in the upper torso. Police say that Guardado produced a handgun during the chase. Investigators do not believe it was fired.[5][6] Accounts of the incident are disputed between police and witnesses.[7][8][9][10] Police stated they were searching for footage of the incident.[8] Store-owner Andrew Heney reported that several cameras at the scene, including a digital video recorder that stored surveillance footage, were taken and destroyed by police.[10][11]

Local protests emerged in response to the killing of Guardado and involved protestors and media reporters being tear gassed and shot by rubber bullets at the sheriff's station in Compton.[12][13] The incident was widely reported as the second police killing involving the Los Angeles County Sheriff's Department deputies within two days of one another, the other being Terron Jammal Boone, who was identified as the half-brother of 24-year-old Robert Fuller.[14][15][16][17] Guardado's death came in the wake of the murder of George Floyd and subsequent protests.[7][15] According to a whistleblower, the police who killed Guardado were trying to join a violent gang within the Los Angeles County Sheriff's Department.[18] In November 2020, the L.A. county coroner's office ordered an inquest to be conducted in the case. This was the first inquest ordered in the county in over thirty years and was noted to be a challenge against the power of county law enforcement.[19]

Background[]

Photo of Andres Guardado

Guardado's family had fled violence and political instability in El Salvador from the Salvadoran Civil War.[2][20] Guardado lived with his family in Koreatown, Los Angeles[17] and had recently graduated high school. He was working two jobs and was a student at Los Angeles Trade-Technical College to become a registered electrician or mechanic.[2][3] He was described by friends and family as fun-loving and optimistic.[21]

Guardado worked as an unlicensed security guard for Street Dynamic Auto Body in Gardena.[22] The Bureau of Security and Investigative Services, which licenses security guards in the state of California, show no records in the Department of Consumer Affairs database of Guardado being licensed to work security.[23] Being younger than twenty-one, Guardado did not hold a firearms permit to be an armed security guard.[24][25]

Incident[]

Police accounts of the incident relay that at 5:52 p.m.[6] on June 18 two officers from the Compton Sheriff's station made contact with Guardado.[21] They were reportedly out on patrol when they saw Guardado talking to someone in a car blocking a driveway, so they stopped their vehicle.[5] Police say that Guardado ran away and allegedly produced a firearm at some point in the chase, although this is disputed by his family and employer.[15][9][4] The chase was taken southbound on Redondo Beach Blvd. and through a nearby alleyway.[21]

At around 5:53 p.m.,[14] Guardado was shot at six times[5] by one or multiple sheriff's deputies and hit in the upper body.[6] Guardado died on scene.[21][16] Store-owner Andrew Heney stated that Guardado "got down on his knees and surrendered with his hands behind his head but was still shot seven times in the back."[10] The shooting occurred near a business located in the 400 block of Redondo Beach Boulevard near S. Figueroa Street. A gun was reportedly recovered on the scene.[21] The gun recovered at the scene was a "ghost gun" (a term used to describe an illegal firearm with no serial numbers imprinted on the gun) with a standard capacity magazine. Both of those are felonies in the state of California. It was unclear what "prompted the use of force" and what Guardado was "suspected of" to initially prompt the chase.[8]

Heney stated, "the police came up, and they pulled their guns on him and he ran because he was scared, and they shot and killed him. He’s got a clean background and everything. There’s no reason."[9] A witness on the scene stated, "I turned around and saw two male white officers running up into the body shop where not even less than a second later I heard rapid gunshots, [I heard] about four to five shots fired [and] never heard them say ‘freeze’. I never once heard them say 'stop.' Nothing like that."[21]

The deputies reportedly were not wearing body cameras. Lt. Charles Calderaro stated that deputies "are hoping to find surveillance video from nearby businesses."[8] The sheriff's officers are accused of destroying several cameras at the scene and taking possession of the DVR that stored footage filmed by the surveillance cameras. In an interview, Heney is quoted as saying that the deputies "illegally got into everything, then they had the place locked down and then they got the warrant.".[10]

Reactions[]

Community[]

A small group, including Guardado's family, quickly gathered on scene after he was shot and killed.[8] The scene became intense when family members showed up and became distraught at the news of Guardado's death.[15][26] Deputies could be seen "shoving people away, including a man carrying a child."[8]

Family and local activists were devastated and outraged by the incident, who state that Guardado was shot in the back several times by the police.[8] His sister, Jennifer Guardado, stated: "Even if this is the last day I breathe, I'm not holding this back because I feel it in my soul that my brother was murdered, and this was covered up."[7] Prominent Los Angeles activist Najee Ali referred to the killing as an execution and "a continuation of the L.A. County sheriff's murdering black and brown men."[8] Ali stated that "he ran away because he did what all young Black and Latino men do sometimes when they see the police: They run. They run because they're scared for their lives. They run because they know their lives might be at risk, and he knew exactly what was gonna happen. And sure enough, he died."[8]

By Friday June 19, "a makeshift memorial for Guardado grew outside the store where he worked, with people stopping by to hang posters and leave flowers and candles." A protest was organized by Union del Barrio.[3][8] Stanley Leiba, Guardado's childhood friend stated "You expect kids you grow up with to live forever."[8]

On June 21, about 500 people showed up at the intersection of Figueroa Street and West Redondo Beach Boulevard to protest. One person stated, "We are marching because we're tired of this corruption. We know that boy was no threat. Black lives matter. Brown lives matter. We are going to keep marching until justice is served."[27] Salvadoran flags were waved at the protest while protestors chanted "Why'd you kill that kid?"[12][13] Protestors were reportedly tear gassed and shot with rubber bullets after tensions heightened.[12][13] Six people were arrested.[28]

Government[]

Compton City Attorney Damon Brown reported that the city sent a letter to the sheriff's department, "demanding that it remove the involved deputies from the Compton station and replace them with "officers who would treat our residents with the respect and dignity that they deserve.'"[8]

Congresswoman Nanette Barragán and Maxine Waters called upon Xavier Becerra, the Attorney General of California, to conduct a full independent investigation into the shooting. In a joint statement, the congresswomen stated, "Another day and another Black or Brown kid has been shot in the back by police. These killings must stop. We demand it. The American people demand it ... Change must come now. For weeks, the American people and the world have marched to demand accountability, put an end to aggressive and violent police tactics and equal justice for Black and Brown communities. We must show them their pleas are being heard. Now. That begins with making sure we get justice for Andres Guardado."[6] This was described as an expression of Black-brown unity.[2]

At a press event, Los Angeles County Sheriff Alex Villanueva spoke out against conducting an independent investigation, stating "that the attorney general's office did not have the resources to investigate every shooting."[6] LA County Supervisor Mark Ridley-Thomas also called for an independent investigation, supported by the Guardado family.[6]

Press reports and public statements[]

Los Angeles Times investigative reporters wrote the two deputies who were involved in the chase and shooting were Miguel Vega, who opened fire, and Chris Hernandez, who did not shoot. Vega has a history of allegations, mostly unproven or yet to be resolved, including tampering with evidence, making false statements to investigators (an action for which he was given a four-day suspension) and complaints for use of unreasonable force.

Neither officer has yet given a statement to investigators and have separate attorneys representing them, according to the LA Times report.[29]

CNN reported that Vega's lawyer is most often associated with the policeman's union in Los Angeles. Neither officer has yet officially given a reason for the use of deadly force, although Hernandez' lawyer Tom You has told CNN that Andres Guardado was prone on the ground when he was shot. The lawyer claims Hernandez told investigators the following: "Guardado prones out, he's on the ground but he has access to his firearm. My client can see (only) half of Guardado's body because his view is blocked by a wall. Because Guardado is not listening to commands and reaches for the firearm, Vega is in fear for his life."[30]

According to reports from the Los Angeles Times, the homicide investigators requested a security hold on the autopsy until all interviews were completed.[31] Panish Shea & Boyle, the law firm representing Andres Guardado's family released a statement demanding the release of Andres Guardado's autopsy results after the Los Angeles Sheriff's Department placed a security hold on them.[32] The coroner's office as well as an independent autopsy determined Guardado's cause of death was multiple gunshot wounds and the manner of death was certified as homicide. The final autopsy also showed that Guardado was shot in the back five times.

Autopsy reports[]

An "emergency hold" was placed on the autopsy report by Sheriff Villanueva, preventing the release of details pending the conclusion of the investigation conducted by the Homicide division of the LASD.[33][34] An independent autopsy released by Guardado's family shows Andres Guardado was shot 5 times in the back.[18]

Deputies interviewed by LASD internal investigators[]

Forensic evidence from the family's private autopsy let the public know with certainty that the teen was shot multiple times in the back, confirming many of the contemporaneous statements that had circulated after the shooting. But further details of the trajectory of the bullets were not included in the basic information related by the family. Public uproar increased, and the next day the two involved deputy officers, having refused to file an initial police report, finally agreed to be interviewed by the internal investigation being conducted by the Los Angeles County Sheriff's office, through the department of Homicide. Although the results of the interviews are not yet public, the separate lawyers for Miguel Vaga (the shooter) and his partner gave statements to the press immediately after.

The investigators had been waiting, as is policy, for the officers to volunteer to tell their story, rather than compelling them to do so. (Up until this time, any accounts put forth by the LASD had been arrived at through general statements unattributed to either deputy, but simply proffered as statements from the department, generally counted in vague terms such as "at this time, shots were fired.") Through their separate lawyer's subsequent statements, a narrative was given to the press that it was necessary to shoot the teen in the back because he was "reaching for a weapon," after being instructed to place a gun on the ground, which it's said he had done. Only Deputy Vega's lawyer told the full account. His partner did not contradict the narrative, but neither did he fully back it up, claiming he was unable to witness what happened, even though security footage suggests he could not have been far behind. It's unclear if the partner corroborates the existence of a firearm until after the shooting. Without waiting for his partner to catch up, the narrative put forth by the lawyer for Deputy Vega says that Vega holstered his weapon and was approaching to cuff the individual, who was prone on the ground but also reaching for the alleged handgun. In this moment, the lawyer claims the deputy instructed the teen verbally not to reach for the gun, then pulled his own pistol back from his holster and quickly shot the teen many times because the suspect was still reaching for the pistol. It is against training and policy for an officer to re-holster his weapon and not wait for his backup to act in this manner. All of the statements given by Vega's lawyer seem to address concerns brought forth by the family autopsy report. If his non-corroborated account were true, he likely fired in self-defense and would be cleared by a fair and impartial investigation, even though his behavior was odd and didn't follow training in keeping the suspect covered until his partner could arrive, only a few short steps behind in an alley with no obstructions.

Coroner's Autopsy report[]

When this narrative was made public, the Los Angeles County Coroner's office defied the "emergency hold" placed by Sheriff Villanueva and released the entire autopsy report, which included diagrams and descriptions of the fatal wounds and the trajectories of the various bullets, which seem to indicate the teen was not prone but rather kneeling when one of the fatal shots struck him in the back. This bullet travels downward into his torso and lodged in his heart, undoubtedly being a fatal shot. The other four (also judged to be fatal) shots in the back traveled upwards, as though fired into a prone body from a standing shooter who is nearly point blank range. Whatever actually occurred in the alley of the workplace, the forensic evidence seems to boldly contradict the statement as given by the shooter's lawyer to the press. There's no plausible explanation for one bullet to travel down and four to go up into the body unless the body was either not always prone, or the shooter took his time and stood first ahead of the body and then behind, or vice versa.

Coroner's Inquest[]

On November 10, 2020, the L.A. county coroner's office ordered an inquest which was previously voted on by the L.A. County Board of Supervisors in September. The inquest will be conducted by Court of Appeals Justice Candace Cooper and will begin on November 30. It is notably the first inquest to occur in the county in over thirty years. Dr. Jonathan Lucas, who is the county’s chief medical examiner-coroner, stated "an inquest ensures that our residents will have an independent review of all the evidence and findings of our office and of the cause and manner of death of Mr. Guardado.” Supervisor Mark Ridley-Thomas stated:[19]

For far too long we have accepted the status quo — we haven’t sufficiently challenged law enforcement’s incessant demands that investigations remain shrouded in secrecy. This board must not sit by and allow the county’s law enforcement department to entrench itself in traditional patterns of behavior that profoundly harm not only vulnerable communities but the entire justice system.[19]

When the inquest was held, Deputy Miguel Vega declined to appear. A statement was given that he was "out of the country" temporarily. His partner was also summoned but refused to appear. Inexplicably, Homicide investigators summoned to testify did comply but when asked to take the stand met almost all questions by invoking their individual Fifth Amendment right to not incriminate themselves and refused to provide any details to the inquest. The judge heard testimony from those who conducted the autopsy and took time to consider how best to respond to the seeming stonewall from the Sheriff's department. No eyewitness to the shooting appeared. In the end, the inquest closed quietly leaving the determination that the death was from "homicide" and presenting few if any new details to the public other than an indication that the "turf war" between the LASD and the Coroner's office was ongoing.

Suspension, lawsuit[]

According to the LA Times, in April 2020 partners Vega and Hernandez were involved in an incident that eventually led to an investigation and suspension, but not until six months had past, and the death of Guardado happened. A 24 year-old skateboarder had vocally defended other younger skaters as the Deputies verbally abused them, and says he was placed quickly into the back seat of the patrol car, unhandcuffed and without a seat belt. A car wreck ensued when Vega drove at excessive speed chasing other kids on bicycles through an alley causing injury requiring hospitalization and stitches. A lawsuit claiming the Deputies were abusive, threatening and reckless was filed, and a LASD investigation quickly led to the two being taken off patrol duty but the investigation is said to be ongoing. Sheriff Villanueva is named in lawsuit for his negligence in supervision, and a recent court decision upheld his inclusion. The suit is pending.[35][36]

Whistleblower[]

According to a sworn testimony of a whistle blower, Guardado was murdered by the police as part of an initiation into a violent police gang within the department, The Compton Executioners. The same whistle blower had previously filed a complaint regarding the existence of this "gang".[37]

Eyewitness surfaces[]

In April 2021, a college newspaper published a story with an interview identifying the eyewitness driving the white Lexus parked at the curb of the alley where Guardado was chased and shot. She claims the deputy chasing Andres fired his pistol on the run, and to have seen that Andres was unarmed. "He never pulled out a gun, when he was running," the witness is quoted, continuing "That's when they start shooting." Additionally, she claims to have witnessed two separate volleys of pistol fire, one on the run that caused Andres to fall to the ground and a second that she only heard as she drove away. (The self-defense story related to the press by Vega's attorney differs from this strongly, claiming all shots were fired after Guardado was prone on the ground.)

The same student newspaper story also says that the witness was arrested around August 1 by Compton-based LASD deputies near her home in Hawthorne but that she was carried to a Sheriff's station in Lakewood instead, some sixteen miles away from the nearest station house where she was held for two days and questioned by LASD detectives, whom she claims tried to intimidate her into changing her statement. "They were trying to press me, like saying I've seen Andres with guns before and there's pictures of him. They tried to come at me stupid, like scientifically, they can prove that's not what happened."

This witness was never identified publicially by LASD and so was not called to the Coroner's inquest. The April 2021 story has not been followed up on by other media as of the one-year anniversary of the shooting and the LASD has not announced any end to their investigation, having previously claimed it was still open, "ongoing" pending finding all the witnesses.[38]

References[]

  1. ^ Nieto del Rio, Giulia McDonnell (June 20, 2020). "Questions Surround Police Killing of Latino Man in California". The New York Times. Retrieved June 22, 2020.
  2. ^ a b c d Diavolo, Lucy (June 22, 2020). "18-Year-Old Andres Guardado's Death Prompts More Police Brutality Protests in Los Angeles". Teen Vogue. Retrieved June 22, 2020.
  3. ^ a b c "Demonstrators Demand Transparency, Answers After LASD Deputies Kill Teen". CBS Los Angeles. June 19, 2020. Retrieved June 22, 2020.
  4. ^ a b Gonzalez, Christina (June 19, 2020). "Family outraged after teenager shot by deputies in Gardena". Fox 11. Retrieved June 22, 2020.
  5. ^ a b c Salahieh, Nouran; Wolfe, Chris (June 20, 2020). "L.A. County sheriff's deputy fired 6 rounds at 18-year-old Andres Guardado, who officials believe did not fire his gun before he died". KTLA 5. Retrieved June 22, 2020.
  6. ^ a b c d e f "Sheriff Provides Updates on Deadly Gardena Shooting, Other Officials Call for Investigation". NBC Los Angeles. June 20, 2020. Retrieved June 22, 2020.
  7. ^ a b c Victoria Lozano, Alicia (June 20, 2020). "Family of man killed by Los Angeles deputy calls for outside investigation". NBC News. Retrieved June 21, 2020.
  8. ^ a b c d e f g h i j k l Telles, Megan; Salahieh, Nouran; Mester, Mark (June 19, 2020). "'He ran away because he knew what was gonna happen': Family demands justice for 18-year-old fatally shot by deputies near Gardena". KTLA 5. Retrieved June 22, 2020.
  9. ^ a b c Schladebeck, Jessica (June 19, 2020). "Teenager killed by Los Angeles police during shift at auto shop". New York Daily News. Retrieved June 22, 2020.
  10. ^ a b c d Chheda, Manthan (June 20, 2020). "Andres Guardado: Cops Who Killed Teenage Security Guard Destroyed CCTV Cameras, Seized Video Footage". International Business Times. Retrieved June 22, 2020.
  11. ^ Torres, Memo (June 19, 2020). "Andres Guardado: Witness Says He Was Unarmed When Police Shot Him". L.A. Taco. Retrieved June 22, 2020.
  12. ^ a b c "A march for a man shot and killed by police ended with protesters being shot by rubber bullets". CNN. June 22, 2020. Retrieved June 22, 2020.
  13. ^ a b c "Tension As Peaceful March Takes Confrontational Turn In Protest Of Fatal Shooting By Deputy". LAist. June 22, 2020. Archived from the original on June 22, 2020. Retrieved June 22, 2020.
  14. ^ a b "'He Ran Because He Was Scared': LASD Deputies Shoot, Kill Auto Body Shop Security Guard In Gardena". CBS Los Angeles. June 19, 2020. Retrieved June 22, 2020.
  15. ^ a b c d Lee, ArLuther (June 19, 2020). "Police shoot, kill 18-year-old Hispanic security guard on patrol at LA auto shop". The Atlanta Journal-Constitution. Retrieved June 22, 2020.
  16. ^ a b "Police officers shoot and kill Los Angeles security guard: 'He ran because he was scared'". The Guardian. June 19, 2020. Retrieved June 22, 2020.
  17. ^ a b Telles, Megan (June 20, 2020). "Investigation continues into deadly deputy shooting of 18-year-old Andres Guardado in Gardena area". KTLA 5. Retrieved June 22, 2020.
  18. ^ a b "Latino teen 'was fatally shot five times in the back' by sheriff's deputy, autopsy finds". NBC News.
  19. ^ a b c "Coroner Orders Inquest Into Shooting Death Of Andres Guardado". KCAL 9 Los Angeles. November 10, 2020.
  20. ^ "Sheriff doesn't explain what shooting of Gardena man". Los Angeles Times. June 21, 2020. Retrieved June 22, 2020.
  21. ^ a b c d e f Ramirez, Mario (June 19, 2020). "Community outraged after 18-year-old man killed in deputy-involved shooting in Gardena". FOX 11. Retrieved June 22, 2020.
  22. ^ Times (TNS), Brittny Mejia, Anh Do and Laura Newberry Los Angeles. "Protesters demand answers for why 18-year-old Latino man was shot by a LA sheriff's deputy". Herald-Mail Media. Retrieved June 22, 2020.
  23. ^ "Search - DCA". search.dca.ca.gov. Retrieved June 22, 2020.
  24. ^ "Family demands answers after sheriff's deputy kills armed security guard in Gardena". Los Angeles Times. June 19, 2020.
  25. ^ "Firearms Permit FACTSHEET" (PDF). BUREAU OF SECURITY AND INVESTIGATIVE SERVICES. Retrieved June 22, 2020.
  26. ^ "LASD Deputies Fatally Shoot Auto Body Shop Security Guard In Gardena". CBS Los Angeles. June 19, 2020.
  27. ^ Rosenfield, David (June 21, 2020). "Demonstrators again gather to protest sheriff deputy's fatal shooting of Andres Guardado". Daily Breeze. Retrieved June 21, 2020.
  28. ^ "Lawmakers want state investigation after teen fatally shot by LA deputy during chase". CBS News. June 22, 2020. Retrieved June 22, 2020.
  29. ^ "Sheriff's deputy who fatally shot Andres Guardado faced earlier allegations". Los Angeles Times. June 26, 2020.
  30. ^ "Andres Guardado's family wants independent autopsy, attorney says". CNN.
  31. ^ "Coroner: Andres Guardado was shot 5 times in the back. Sheriff condemns disclosure". Los Angeles Times. July 10, 2020. Retrieved August 14, 2020.
  32. ^ "Parents of Andres Guardado Demand Answers from LASD in Fatal Shooting of Son". Panish Shea & Boyle LLP. June 30, 2020. Retrieved August 14, 2020.
  33. ^ "Family of young Latino fatally shot by sheriff's deputy want autopsy report released". NBC News.
  34. ^ "Press Conference: Sheriff Alex Villanueva and Homicide Bureau To Provide Updates Regarding the Deputy Involved Shooting that Occurred in Unincorporated Gardena" – via www.facebook.com.
  35. ^ https://www.latimes.com/california/story/2021-01-15/guardado-shooting-la-deputies-under-criminal-investigation[bare URL]
  36. ^ A wild ride, a crash, a cover-up: Skateboarder alleges abuse by deputies involved in Guardado shooting
  37. ^ "Whistleblower: Deputy Killed Teen to Join Department's "Gang"". www.baynews9.com.
  38. ^ "Witness Comes Forward In Andres Guardado Shooting Death". LosAngelesCollegian.
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