Killing of Andres 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]

Killing of Andres Guardado
DateJune 18, 2020 (2020-06-18)
LocationGardena, California
TypeShooting
ParticipantsMiguel Vega
Chris Hernandez
DeathsAndrés Guardado

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, a Black man who was found hanging from a tree in Palmdale, California.[14][15][16][17] Guardado's death came in the wake of the killing of George Floyd and subsequent protests.[7][15]

Background
Photo of Andres Guardado

Guardado's family had fled violence and political instability in El Salvador from the Salvadoran Civil War.[2][18] 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.[19]

Guardado worked as an unlicensed security guard for Street Dynamic Auto Body in Gardena.[20] 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.[21] Being younger than twenty-one, Guardado did not hold a firearms permit to be an armed security guard.[22][23]

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.[19] 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 several sources.[15][9][4] The chase was taken southbound on Redondo Beach Blvd. and through a nearby alleyway.[19]

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.[19][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.[19] 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 high 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."[19]

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]

Heney claims 6-8 security cameras were destroyed in total. LASD spokesperson said on the Saturday after the shooting that deputies were "looking for memory cards”. Why the deputies destroyed the security cameras is disputed, as cameras were wired to a DVR inside the building, and memory cards would not be installed where vandals and burglars could reach them. It is possible the deputies didn't realize the cameras did not contain memory cards, however.

The investigation is ongoing.

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][24] 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."[25] 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.[26]

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.[27]

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."[28]

According to reports from the Los Angeles Times, the homicide investigators requested a security hold on the autopsy until all interviews were completed.[29] 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.[30] 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.[31][32] An independent autopsy released by Guardado's family shows Andres Guardado was shot 5 times in the back.[33]

Closely timed to the release of the "preliminary report" of the privately conducted family autopsy, Deputy Miguel Vega's police union-associated lawyer told media for the first time an account he claims his client will eventually relate to LASD Homicide detectives in an interview scheduled for the July 13th. While seemingly detailed, the account relates primarily that the deputy did not fire his weapon until Andres Guardado moved from a kneeling position to a prone position, having been ordered to do so by Vega. It was at this moment that Vega's presumed narrative states Guardado reached for a pistol and Vega fired into his body, having quickly drawn his holstered sidearm. This sequence of events would conform to the basic outlines of the private autopsy since all the entrance wounds are in the back.

A major potential conflict with forensics and Vega's presumed narrative would not be clear until the following day, when the Los Angeles Medical Examiner's office defied the still-standing "emergency hold" and released a more full autopsy report of their own. This official report does not differ with that of the family's, but does contain significant further details of the bullet exit wounds and their trajectories through the body, at least two of which exited the torso at an upward angle, entering low on the back and exiting higher on the chest, suggesting the prone position, fired upon from a standing figure at close range. Two more bullets took the same general angle but did not exit the torso, for a total of four of the five shots that were deemed fatal wounds. But one shot, diagrammed and determined forensically to have likely been fired earlier, travels the opposite direction from higher on the back to lower into chest cavity, strongly suggestive of a shot fired while the person shot was kneeling and the shooter stood behind at close range.

References
  1. Nieto del Rio, Giulia McDonnell (20 June 2020). "Questions Surround Police Killing of Latino Man in California". The New York Times. Retrieved 22 June 2020.
  2. Diavolo, Lucy (22 June 2020). "18-Year-Old Andres Guardado's Death Prompts More Police Brutality Protests in Los Angeles". Teen Vogue. Retrieved 22 June 2020.
  3. "Demonstrators Demand Transparency, Answers After LASD Deputies Kill Teen". CBS Los Angeles. 19 June 2020. Retrieved 22 June 2020.
  4. Gonzalez, Christina (19 June 2020). "Family outraged after teenager shot by deputies in Gardena". Fox 11. Retrieved 22 June 2020.
  5. Salahieh, Nouran; Wolfe, Chris (20 June 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 22 June 2020.
  6. "Sheriff Provides Updates on Deadly Gardena Shooting, Other Officials Call for Investigation". NBC Los Angeles. 20 June 2020. Retrieved 22 June 2020.
  7. Victoria Lozano, Alicia (20 June 2020). "Family of man killed by Los Angeles deputy calls for outside investigation". NBC News. Retrieved 21 June 2020.
  8. Telles, Megan; Salahieh, Nouran; Mester, Mark (19 June 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 22 June 2020.
  9. Schladebeck, Jessica (19 June 2020). "Teenager killed by Los Angeles police during shift at auto shop". New York Daily News. Retrieved 22 June 2020.
  10. Chheda, Manthan (20 June 2020). "Andres Guardado: Cops Who Killed Teenage Security Guard Destroyed CCTV Cameras, Seized Video Footage". International Business Times. Retrieved 22 June 2020.
  11. Torres, Memo (19 June 2020). "Andres Guardado: Witness Says He Was Unarmed When Police Shot Him". L.A. Taco. Retrieved 22 June 2020.
  12. "A march for a man shot and killed by police ended with protesters being shot by rubber bullets". CNN. 22 June 2020. Retrieved 22 June 2020.
  13. "Tension As Peaceful March Takes Confrontational Turn In Protest Of Fatal Shooting By Deputy". LAist. 22 June 2020. Retrieved 22 June 2020.
  14. "'He Ran Because He Was Scared': LASD Deputies Shoot, Kill Auto Body Shop Security Guard In Gardena". CBS Los Angeles. 19 June 2020. Retrieved 22 June 2020.
  15. Lee, ArLuther (19 June 2020). "Police shoot, kill 18-year-old Hispanic security guard on patrol at LA auto shop". The Atlanta Journal-Constitution. Retrieved 22 June 2020.
  16. "Police officers shoot and kill Los Angeles security guard: 'He ran because he was scared'". The Guardian. 19 June 2020. Retrieved 22 June 2020.
  17. Telles, Megan (20 June 2020). "Investigation continues into deadly deputy shooting of 18-year-old Andres Guardado in Gardena area". KTLA 5. Retrieved 22 June 2020.
  18. "Sheriff doesn't explain what shooting of Gardena man". Los Angeles Times. 21 June 2020. Retrieved 22 June 2020.
  19. Ramirez, Mario (19 June 2020). "Community outraged after 18-year-old man killed in deputy-involved shooting in Gardena". FOX 11. Retrieved 22 June 2020.
  20. 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 2020-06-22.
  21. "Search - DCA". search.dca.ca.gov. Retrieved 2020-06-22.
  22. "Family demands answers after sheriff's deputy kills armed security guard in Gardena". Los Angeles Times. 19 June 2020.
  23. "Firearms Permit FACTSHEET" (PDF). BUREAU OF SECURITY AND INVESTIGATIVE SERVICES. Retrieved 22 June 2020.
  24. "LASD Deputies Fatally Shoot Auto Body Shop Security Guard In Gardena". CBS Los Angeles. 19 June 2020.
  25. Rosenfield, David (21 June 2020). "Demonstrators again gather to protest sheriff deputy's fatal shooting of Andres Guardado". Daily Breeze. Retrieved 21 June 2020.
  26. "Lawmakers want state investigation after teen fatally shot by LA deputy during chase". CBS News. 22 June 2020. Retrieved 22 June 2020.
  27. "Sheriff's deputy who fatally shot Andres Guardado faced earlier allegations". Los Angeles Times. 26 June 2020.
  28. "Andres Guardado's family wants independent autopsy, attorney says". CNN.
  29. "Coroner: Andres Guardado was shot 5 times in the back. Sheriff condemns disclosure". Los Angeles Times. 2020-07-10. Retrieved 2020-08-14.
  30. "Parents of Andres Guardado Demand Answers from LASD in Fatal Shooting of Son". Panish Shea & Boyle LLP. 2020-06-30. Retrieved 2020-08-14.
  31. https://www.nbcnews.com/news/latino/family-young-latino-fatally-shot-sheriff-s-deputy-want-autopsy-n1232533
  32. https://www.facebook.com/LosAngelesCountySheriffsDepartment/videos/265228008245799/
  33. https://www.nbcnews.com/news/latino/independent-autopsy-andres-guardado-finds-he-was-fatally-shot-five-n1233157
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