wrung? LOS ANGELES COUNTY DISTRICT OFFICE BUREAU OF FRAUD AND CORRUPTION PROSECUTIONS 5, JUSTICE SYSTEM INTEGRITY DIVISION 7 39 JACKIE LACEY 0 District Attorney SCOTT K. GOODWIN 0 Director *o?L tr? JOHN K. SPILLANE 0 Chief Deputy District Attorney JOSEPH P. ESPOSITO 0 Assistant District Attorney February 23, 2015 Captain Rod Kusch Homicide Bureau Los Angeles County Sheriff?s Department 5747 Rickenbacker Road Commerce, California 90040 Re: J.S.I.D. File #14-0356 L.A.S.D. File #014-06662?2899?013 Dear Captain Kusch, The Justice System Integrity Division of the Los Angeles County District Attorney?s Of?ce has completed its review of the May 26, 2014, fatal shooting of Noel Aguilar by Los Angeles Sheriff?s Department (LASD) Deputies Albert Murad and Jose Ruiz. We have concluded that Deputies Murad and Ruiz acted in lawful self?defense and defense of others. The District Attorney Command Center was noti?ed of this incident on May 26, 2014. The District Attorney Response Team (DART), comprised of Deputy District Attorney Geoffrey Rendon and District Attorney Senior Investigator Richard McIntosh, responded to the scene, was given a and participated in witness interviews. The following analysis is based upon reports, photographs, and recordings submitted to this of?ce by LASD Homicide Investigators Karen Shonka and Wayne Holston. The voluntary statements of Deputies Murad and Ruiz were considered as part of this analysis. FACTUAL ANALYSIS On May 26, 2014, at approximately 9:45 LASD Deputies Albert Murad and Jose Ruiz were on patrol near Long Beach Boulevard and East 69th Way in the City of Long Beach. The deputies were wearing Sheriff?s Department uniforms and were traveling in a marked patrol car. Murad and Ruiz saw an individual, later identi?ed as Noel Aguilar, riding a bicycle northbound on the east sidewalk of Long Beach Boulevard. The deputies wanted to conduct a stop of Aguilar, who looked in their direction and quickly turned eastbound on East 69th Way. Clara Shortridge Foltz Criminal Justice Center 210 West Temple Street Los Angeles. CA 90012?3210 (213) 974-3888 Fax: (213) 620-1208 WEBSITE: Captain Kusch February 23, 2015 Page 2 of 11 Statement of Deputy Ruiz Ruiz was driving the patrol car and followed Aguilar eastbound onto East 69th Way. Ruiz tried to cut Aguilar off at an alleyway just east of Long Beach Boulevard. Aguilar jumped off his bike and ran northbound across East 69!? Way, into an apartment complex. Ruiz and Murad exited the patrol car and pursued Aguilar, who continuously reached for his waistband. Ruiz warned Murad that Aguilar might have a gun. Murad had exited the patrol car closer to Aguilar and was a short distance ahead of Ruiz. Ruiz was familiar with the apartment complex and knew that Aguilar would have to exit into an adjacent alleyway. Ruiz ran down the alleyway, intending to head Aguilar off. As expected, Aguilar entered the alleyway and looked at Ruiz, who was armed with his department-issued service weapon. Ruiz ordered Aguilar to, ?Stop and show your hands!? Aguilar ignored Ruiz? commands and ran northbound through the alley. Murad entered the alley and both deputies pursued Aguilar. Murad caught Aguilar and tackled him. Aguilar fell face ?rst to the ground; both of his hands were underneath him, near his waist. Murad was laying on Aguilar?s back. Ruiz came from behind and both deputies tried to pull Aguilar?s hands from underneath him. Both deputies ordered Aguilar to, ?Give me your arms!? Aguilar refused to comply and fought with the deputies. Aguilar tried to stand up; the deputies pushed him back to the ground. Murad grabbed Aguilar?s left arm and put it behind his back. Aguilar?s right arm was underneath his body, near his waist. Ruiz placed his service weapon near Aguilar?s head and ordered him to comply with the deputies? orders. Ruiz grabbed Aguilar?s left hand. Aguilar continued to struggle and used his right arm to push himself up. Ruiz told Aguilar, ?Stop or I?m going to shoot.? Aguilar continued to try to get up. Ruiz tapped the side of his gun on the back of Aguilar?s head and again told Aguilar to, ?Stop!? Ruiz placed his left knee on Aguilar?s right bicep to control his arm. Murad placed a handcuff on Aguilar?s left wrist, but Aguilar continued to struggle and tried to push himself up from the ground. Aguilar was off of the ground and was able to pull his right arm free. Murad yelled out, ?Gun!? and Ruiz believed Aguilar was reaching for a weapon. Ruiz pointed his ?rearm at Aguilar?s stomach and felt Aguilar grab his weapon. Murad yelled, ?Gun, gun!? and Ruiz, believing Aguilar was retrieving a weapon and would shoot Murad, ?red his duty weapon once at Aguilar.1 Aguilar?s hand was still on Ruiz? gun and Ruiz ?red a second time. Ruiz tried to ?re a third time, but didn?t hear or feel a shot ?red. Murad yelled out, ?I?ve been shot, I?ve been shot!? Ruiz cleared his weapon and chambered a round and placed the gun near Aguilar?s ribs. At the same time, Murad ?red three times. Aguilar momentarily went limp then continued to struggle. Ruiz heard a ?click,? which he believed to have come from a weapon in Aguilar?s possession. The deputies were able to handcuff Aguilar?s right arm yet Aguilar continued to struggle. I This shot struck Murad in the stomach. Captain Kusch February 23, 2015 Page 3 of ll Murad held Aguilar down and Ruiz saw blood on Murad?s uniform. Ruiz told Murad to sit down nearby. Ruiz saw a ?rearm on the ground, which he believed to have come from Aguilar. Ruiz stayed on top of Aguilar until other deputies arrived. Statement of Deputy Murad Murad and Ruiz were on patrol, driving southbound 0n Long Beach Boulevard, when they saw Aguilar riding a bicycle northbound on the east sidewalk. Aguilar looked in the deputies? direction and accelerated. Ruiz made a u?turn and drove northbound, following Aguilar. Aguilar turned eastbound on East 69111 Way; the deputies followed. Aguilar jumped off the bicycle and ran northbound across East 69th Way. The deputies exited their patrol car and chased Aguilar. Ruiz yelled out that Aguilar was armed with a gun. Aguilar? right hand was holding something secreted in his waistband. Murad was certain that Aguilar was armed with a gun. Murad eventually caught up to Aguilar and tackled him. Both men fell to the ground. Aguilar?s right hand was underneath his body, near his waist. Aguilar refused to move his hand from underneath him. Ruiz arrived and assisted Murad, who continuously tried to pull Aguilar?s right hand from his waist. Murad struck Aguilar?s elbow with the butt end of his collapsible baton, but Aguilar would not relinquish control of his arm. Murad ordered Aguilar to give up his right arm. Aguilar refused to comply with Murad?s orders and pushed himself up onto all fours. Murad believed Aguilar was under the in?uence of drugs. As the struggle continued, Murad located a handgun in Aguilar?s waistband. Aguilar grabbed the gun, which became entangled in Aguilar?s shorts, but Murad was able to remove it. Murad placed the handgun somewhere along his beltlin?e. The deputies continued to struggle with Aguilar, who refused to comply with their orders. At some point in the struggle, Murad was shot once in the abdomen. Murad?s memory of the events immediately surrounding being shot are hazy, but he believed that Aguilar had shot him. Murad was in excruciating pain, felt there was a ??reball? inside his stomach, and thought he was going to die. Murad heard Ruiz say, ?Gun!? and believed that Aguilar either had obtained Ruiz? gun or that Ruiz was saying that Aguilar had a second gun. Upon hearing his partner, and believing that Aguilar was going to shoot him again, Murad shot Aguilar three times in the back from close distance. Murad recalled handcuffmg Aguilar?s le? wrist, but could not recall if he did that before or after being shot. After being shot, Murad called out to onlookers for the address of the location. A female responded, but he could not hear what she said. Murad looked to two males on the second ?oor of a nearby building, who said, ?Fuck you, you shot him in the back.? w, v-i-w- Captain Kusch February 23, 2015 Page 4 of 11 Murad and Ruiz were able to handcuff Aguilar and Ruiz told Murad to sit down. Murad stood up momentarily and collapsed. Murad recalled being taken to a hospital, where he lost feeling in his legs and started to lose consciousness. Murad sustained signi?cant intestinal injuries from his gunshot wound and underwent surgery. Murad is still recovering from complications related to his injuries. Investigators showed Murad a video recording captured on a cell phone by a witness. Murad had not seen the video previously. After viewing the video, Murad stated that he had no memory of Ruiz ?ring a second time and maintained that, at the time of the incident, he believed that Aguilar had shot him. Sometime well after the incident, Murad learned that he had accidentally been shot by his partner. I Statement of Omar Ruiz Omar was asleep in his bedroom when he heard a ?bang? against a trash can below his window and the sounds of people screaming, wrestling and ?ghting. Omar looked outside and saw two deputies, Murad and Ruiz, chasing an individual, Aguilar. Murad yelled, ?Stop! Get on the ground!? Aguilar ignored Murad?s orders and was trying to get away. Murad caught Aguilar and threw him against a brick wall at the end of the alley. Aguilar got away from Murad, but was caught again a short distance away. Deputy Ruiz arrived and the deputies tackled Aguilar to the ground. The deputies struck Aguilar and were trying to handcuff him. There was a struggle between the three men. Deputy Ruiz was holding a gun and told Aguilar, ?You better stop or I?m gonna shoot you!? Ruiz placed his gun against Aguilar?s head and said, ?I?m gonna kill you.? It appeared that Aguilar calmed down at that point. Ruiz holstered his handgun and was trying to handcuff Aguilar. As the deputies tried to secure the second handcuff, Aguilar started ?ghting again. Aguilar used his free hand to push his body up from the ground and pulled away from the deputies? grasp. Aguilar reached under his body as if he was ?reaching for a gun or something.? Omar heard a gunshot and Murad screamed, got shot, I got shot!? Both deputies were on top of Aguilar. Ruiz ?red a shot at Aguilar, who screamed, ?I?m shot, I?m shot!? Murad withdrew his ?rearm and shot Aguilar three times. Omar saw Murad remove a gun from the area near Aguilar, but never saw Aguilar in possession of a gun. At the time Murad was shot, Omar heard Murad say, got the gun.? After the second shot was ?red, Murad threw the gun to his side, where it remained when Murad ?red the three shots at Aguilar. Shortly after Omar was awoken by the sounds of the altercation, he retrieved his cell phone and recorded portions of the incident. With Omar?s permission, investigators downloaded the video recording captured on his cell phone. Captain Kusch February 23, 2015 Page 5 of 1 Additional Witness Statements Several additional witnesses saw portions of the incident and provided statements consistent with what is depicted on the video and with the statements of the aforementioned witnesses. Yolanda Reyes was inside her apartment when she saw the deputies chasing Aguilar and yelling for him to stop. Aguilar ignored their commands and continued running. The deputies eventually caught Aguilar, a struggle ensued and all three men ended up on the ground. The deputies tried to handcuff Aguilar, but it appeared that he was too strong for them. The deputies ordered Aguilar to not move, but Aguilar ignored their commands and continued to struggle and scream ?like a crazy person.? Aguilar got to his knees and had his arms under his body. Reyes heard a gunshot and thought Aguilar shot Murad. Murad threw a gun to the ground. Aguilar continued to struggle with the deputies for a short period of time and Reyes heard two or three additional gunshots. Reyes moved closer and saw a gun on the ground, near Aguilar?s feet. Murad had been shot and was bleeding. - Video Recording Omar Ruiz recorded a portion of the incident on his cellphone, from the vantage point of a second story window, directed downwards to ground level. For the entire video, the camera was held at an angle and the footage is seen in the upper left corner of the frame. The amount of video that is viewable varies throughout the video. At times, the deputies? bodies and Aguilar?s body can be seen in full; at other times, there is a signi?cantly smaller view of the individuals. As the recording begins, the camera is directed at the ?oor of Ruiz? residence, moves upward and is directed out of a window towards the ground below. Sounds of a struggle can be heard, including what sounds like heavy breathing. As the camera is directed to the involved individuals, Murad and Ruiz are on top of Aguilar near the rear bumper of a parked vehicle. Aguilar is facedown and Murad strikes Aguilar?s right arm with his collapsible baton. Murad drops the baton and removes a pair of handcuffs from his utility belt. Murad is straddling Aguilar?s lower legs; Ruiz is on a knee, hunched over Aguilar?s right shoulder. Ruiz is facing away from the camera. Murad places a handcuff on Aguilar?s left wrist, which is positioned behind his back. Aguilar?s right hand is on the ground, to his side. Murad pulls Aguilar?s right wrist upward and towards his lower back, but is unable to secure the handcuff. Suddenly, Aguilar pulls his right arm away and tucks it under his body. Aguilar pushes himself up, gets to his knees and dislodges Murad, who ends up behind and to the left of Aguilar, hunched over Aguilar?s upper left torso. The sound of a metallic object hitting the pavement is clearly heard.2 Murad struggles to control Aguilar?s right arm. It appears that Murad?s arms are around Aguilar?s upper torso. Aguilar continues to struggle with the deputies and the camera pans downward, signi?cantly reducing the view of the incident. Only the legs and lower torsos of Murad and Aguilar are in 2 Movements by Ruiz suggest it was Ruiz? service weapon that fell to the ground. Hw- Captain Kusch February 23,2015 Page 6 of 11 view. Ruiz cannot be seen, partially due to the vantage point of the camera and partially because of shadows being cast from the back of the parked car. Unintelligible words are spoken by one of the individuals that sound as if they include the word, ?drOpped.? Suddenly, a gunshot rings out.3 Murad screams out, ?Ah, I?ve been shot!? and groans in pain. The camera pans out and all three men can be seen. Aguilar is on his side, Ruiz has a knee on top of Aguilar?s right leg and Murad is laying on Aguilar?s upper body. The deputies yell, ?Stop!? multiple times and other unintelligible words are spoken. Aguilar continues to struggle with the deputies. The three men are directly adjacent to the rear bumper of the car. Ruiz? right arm is resting on top of the rear bumper and Aguilar is directly behind the car. There is very little room to control Aguilar, who is laying on his side. Ruiz asks, ?Where?s the gun?? Aguilar says, didn?t have it.? Murad groans, got shot,? and continues to moan in pain. At the same time, Murad removes a semiautomatic handgun from his waistband and presses it against the ground, trying to maintain his balance.4 Aguilar says, didn?t shoot nobody.? One of the deputies replies, ?You?? Murad says something unintelligible. Aguilar states, didn?t shoot nobody.? A deputy says, ?Huh?? and Aguilar responds, didn?t shoot nobody.? Murad says something unintelligible and groans, got shot in the stomach.? Ruiz is holding his service weapon in his right hand and points it downward, at Aguilar?s torso. Aguilar reaches up with his left hand and grabs Ruiz? gun. Aguilar and Ruiz struggle for control of the gun. Murad discards the handgun that he pulled from his waistband. Aguilar again states, didn?t shoot nobody.? One of the deputies says, ?Stop and Aguilar replies, ?Come on, man, why you gotta (unintelligible) in me?? Ruiz pulls his service weapon away and appears to manipulate the safety on the ?rearm. Aguilar says something else that sounds like, ?Say, I don?t do it.? The camera tilts and, momentarily, only the lower torsos of each man can be seen. A second gunshot is heard.5 At the time of the second gunshot, neither Aguilar?s nor the deputies? hands can be seen in the video, based on the direction the camera is facing. Based on the statements of the deputies and forensic evidence, it is clear that the second shot was ?red by Ruiz. At the time of the second gunshot, Aguilar is laying on his side and Ruiz is almost directly on top of him, prone across the length of Aguilar?s body. Murad is on his knees, directly behind Aguilar?s upper back. Based on the ?ndings in the autopsy report, the second shot struck Aguilar in the left leg. After the second shot is ?red, at least one of the individuals can be heard grunting. As the camera pans away, showing a full view of all three individuals, Ruiz is still on top of Aguilar. Ruiz? right arm, still holding his service weapon, is near Aguilar?s waist and Aguilar?s right arm can be seen in the area where Ruiz was holding his service weapon. It appears that Aguilar partially rolls over and Ruiz? arm, with his weapon, is pinned between Aguilar?s elbow and torso. Murad is pressed against Aguilar?s upper back. Murad pulls himself up, rocks back and sits on his heels, removes his service weapon and ?res three times directly into Aguilar?s back. 3 The gunshot is heard approximately 37 seconds into the recording. 4 The gun that Murad removes from his waistband is the weapon he took from Aguilar. 5 The second gunshot takes place 1 minute, 8 seconds into the recording, approximately 31 seconds after the ?rst shot. Captain Kusch February 23, 2015 Page 7 of 11 Approximately two and a half seconds pass between the second shot and the ?rst of Murad?s shots. Murad is grimacing, in obvious pain and cries out, got shot.? Ruiz asks onlookers for the address. Initially, no one is willing to provide the address. Expletives are directed at the deputies. An unknown male yells, ?You don?t shoot him in the fucking back, you asshole! Fucking take it! You?ve got a fucking gun!? Ruiz stays on top of Aguilar, who is in obvious pain and continues to thrash about on the ground. The deputies plead for the address and have difficulty broadcasting a call for assistance. Numerous individuals can be heard yelling different addresses and comments at the deputies. Eventually, several individuals call out addresses and locations. Aguilar yells out, ?I?m dying.? One of the deputies yells at Aguilar, ?Give me your fucking hands!? Repeated hostilities are directed at the deputies from unknown Spectators. The deputies continue to hold Aguilar down and eventually handcuff him. Words are exchanged between unknown individuals about Aguilar having a gun; someone asks, ?He?s got another gun or what?? Later, in response to a spectator, Ruiz says, ?That?s his fucking gun.? Aguilar continues to move and Ruiz orders him to, ?Stop moving!? Within a few minutes, sirens are heard and additional deputies arrive.6 Several pedestrians arrive and are standing nearby; deputies clear the area and escort Murad away. The video ends with Ruiz still on top of Aguilar, holding his hands behind his back. Omar Ruiz recorded an additional video segment that shows paramedics tending to Aguilar, who is unresponsive and no longer moving. Aguilar was pronounced dead at the scene. Another individual is shown in the video who appears to have recorded the incident, or a portion thereof, on a cell phone. Investigators have been unable to identify the individual nor obtain the video recording. Postmortem Examination On May 27, 2014, Deputy Medical Examiner Abubakr Marzouk performed a postmortem examination of Aguilar?s remains. The examination revealed gunshot wounds to the back of the neck, left upper back, mid upper back, right thigh, left arm and left shoulder. The wounds to the back of the neck, left upper back, mid upper back are contact wounds where soot is present. No stippling was noted in any of the wounds. Dr. Marzouk opined that Aguilar was likely shot four times and the wounds to the left arm and left shoulder were re-entry wounds from two of the other gunshots. A toxicological examination of Aguilar?s blood revealed the presence of metabolites of marijuana and methamphetamine. 6 The ?rst additional deputy is seen 4 minutes, 9 seconds into the recording. Captain Kusch February 23,2015 Page 8 of Forensic Evidence At the scene of the incident, investigators located a semiautomatic .45 caliber Taurus handgun which Murad took from Aguilar. The ?rearm contained six live rounds in the magazine. Investigators also located ?ve 9mm discharged cartridge cases that had been discharged from Ruiz and Murad?s service weapons. A single live 9mm round was also found. At the time of the incident, both deputies were armed with department-issued 9mm Luger Smith and Wesson semiautomatic handguns. LEGAL ANALYSIS California law permits the use of deadly force in self-defense if it reasonably appears to the person claiming the right of self?defense that he actually and reasonably believed he was in imminent danger of great bodily injury or death. The belief in the need to defend oneself must be both actual and reasonable. ?[T]he rule is well established that one who, without fault, is placed under circumstances suf?cient to excite the fears of a reasonable man that another designs to commit a felony or some great bodily injury and to afford grounds for a reasonable belief of imminent danger, may act upon those fears alone and may slay his assailant and be justi?ed by appearances.?7 In protecting himself or another, a person may use all force which he believes reasonably necessary and which would appear to a reasonable person, in the same or similar circumstances, to be necessary to prevent injury which appears to be imminent.8 ?Where the peril is swift and imminent and the necessity for action immediate, the law does not weigh in too nice scales the conduct of the assailed and say he shall not be justi?ed in killing because he might have resorted to other means to secure his safety.?9 ?The ?reasonableness? of a particular use of force must be judged from the perspective of a reasonable of?cer on the scene, rather than with the 20/20 vision of The calculus of reasonableness must embody allowance for the fact that police are often forced to make split- second judgments -- in circumstances that are tense, uncertain, and rapidly evolving -- about the amount of force that is necessary in a particular situation.?10 The Fourth Amendment reasonableness test is, ?an objective one: the question is whether the of?cer?s actions are ?objectively reasonable? in light of the facts and circumstances confronting them.?I1 The analysis must take into account the of?cer?s perceptions as part of the totality of the circumstances.12 7People v. Mercer (1962) 210 Cal. App. 2d 153, 161. 8 CALCRIM No. 3470. 9 People Collins, (1961) 189 Cal. App.2d 575. 10 Graham v. Conner, (1989) 490 U.S. 386, 396-397. Graham v. Connor (Supra) 490 US. at 396. 12 Milstead v. Kibler (1999) 1999 U.S. Dist Lexis 8380. Captain Kusch February 23,2015 Page 9 of 1] In Graham, the United States Supreme Court held that the reasonableness of the force used ?requires careful attention to the facts and circumstances? of the particular incident. . .Thus, under Graham, we must avoid substituting our personal notions of proper police procedure for the instantaneous decision of the of?cer at the scene. We must never allow the theoretical, sanitized world of our imagination to replace the dangerous and complex world that policemen face every day. What constitutes ?reasonable? action may seem quite different to someone facing a possible assailant than to someone analyzing the question at leisure.?13 The test of whether the of?cer?s actions were objectively reasonable is ?highly deferential to the police of?cer?s need to protect himself and others.?14 CONCLUSION The evidence examined shows that on the morning of May 26, 2014, LASD Deputies Albert Murad and Joe Ruiz were on patrol and saw Noel Aguilar riding a bicycle on the east sidewalk of Long Beach Boulevard. Aguilar looked in the deputies? direction and turned eastbound on East 69th Way. Ruiz followed Aguilar onto East 69th. Aguilar abandoned his bicycle and ?ed on foot; the deputies pursued him and ordered him to, ?Stop!? Aguilar ignored the commands and ran while continuously grabbing his waistband. The deputies believed he was armed with a ?rearm. The deputies caught Aguilar in an alley to the rear of a nearby apartment complex and tackled him to the ground. Aguilar?s hands were underneath his body and the deputies ordered him to, ?Give (me) your arms!? Aguilar refused to comply with the orders and struggled with the deputies as they attempted to restrain him. At some point during the struggle, Murad took a loaded handgun from Aguilar. Murad took hold of Aguilar?s left arm and secured a handcuff on his left wrist. For a brief moment, Aguilar stOpped struggling and Murad grabbed Aguilar?s right arm. As Murad tried to place a handcuff on Aguilar?s right wrist, Aguilar aggressively pulled his arm away and put it under his body. Despite Murad?s weight on top of him, Aguilar pushed himself off of the ground, dislodging Murad. Murad struggled to control Aguilar?s body. Suddenly, a metal object fell to the ground. Ruiz heard Murad say, ?Gun,? and believed Aguilar was reaching for a weapon. Ruiz pointed his ?rearm at Aguilar?s stomach and felt Aguilar grab the weapon. Ruiz, believing that Murad was gaining possession of a gun, and in fear for his life and Murad?s life, ?red a single round at Aguilar. The round missed Aguilar and struck Murad in the stomach. Murad screamed, ?Ah, I?ve been shot,? and was suddenly in excruciating pain. Aguilar continued to struggle with the deputies who repeatedly told him to, ?Stop.? Aguilar refused to comply with their orders. Ruiz pointed his service weapon at Aguilar. Aguilar grabbed the barrel of the ?rearm and fought for control of the gun. Ruiz pulled the gun from Aguilar?s grasp and shot Aguilar in the leg. Ruiz held his gun near Aguilar?s midsection. 13 Smith v. Freland (6th Cir. 1992) 954 F.2d 343, 347. '4 Munoz v. City ofUm'on City (2004) 120 Cal. App. 4?11 1077, 1102. Captain Kusch February 23, 2015 Page 10 of 11 Murad was in distress after being shot. Murad, believing that Aguilar shot him and had, again, gained control of a ?rearm and, in fear for his life, unholstered his service weapon and ?red three shots at Aguilar. Aguilar sustained multiple gunshot wounds and died as a result of his injuries. Based on the available evidence, Ruiz? belief in the need to use deadly force was reasonable. Aguilar fought with the deputies and refused to comply with their orders to stop resisting. During the altercation, Murad took a ?rearm from Aguilar. Despite repeated attempts to get Aguilar to comply and stop resisting, Aguilar continued to struggle with the deputies. The deputies secured a single handcuff on Aguilar?s left wrist. As Murad attempted to secure Aguilar?s right wrist, Aguilar forcefully pushed himself off the ground, dislodging Murad. Ruiz heard Murad say, ?Gun.? Ruiz? ?rearm was pointed at Aguilar?s stomach and Ruiz felt Aguilar grab the gun. Based on the circumstances, Ruiz reasonably believed that Aguilar was gaining control of a ?rearm and Ruiz ?red in self-defense and defense of Murad. Ruiz? shot accidentally struck Murad and Aguilar continued to struggle. The deputies ordered Aguilar to, ?Stop,? but he refused to do so. Aguilar grabbed Ruiz? gun a second time and fought for control of the weapon. Ruiz pulled the gun from Aguilar?s grasp and, in fear for his life and his partner?s life, Ruiz ?red a second round that struck Aguilar in the leg. Under the circumstances, Ruiz? fear was reasonable. Murad?s belief in the need to use deadly force was also reasonable. At some point early in the struggle with Aguilar, Murad recovered a loaded gun and, for a brief period of time, was able to gain control of Aguilar?s wrists. As Murad attempted to handcuff Aguilar, Aguilar forcefully pulled away and pushed himself up off the ground. Murad, of large stature, was dislodged and struggled to control Aguilar. During the ensuing struggle, Murad was shot, accidentally, by his partner. Murad believed that Aguilar had gained control of a handgun and had shot him. Under the circumstances, that mistaken belief was reasonable. Despite being shot, Murad continued to try to restrain Aguilar with non-lethal force. Aguilar continued to struggle with the deputies and grabbed Ruiz? ?rearm. Ruiz ?red a second round that struck Aguilar in the leg. Almost immediately after the second shot was ?red, Murad, believing Aguilar had gained, or was about to gain, control of a ?rearm, and in fear for his life, shot Aguilar three times from close range. The location of the shots does not effect this evaluation. The fact that Aguilar was facing away from Murad at the time Murad ?red does not affect the reasonableness of Murad?s belief in the need to defend himself and his partner. Differences between the deputies? individual recollections of the order of events and the recorded video were considered in this evaluation. The Video captures only a portion of the events, beginning after Aguilar is already on the ground and the deputies are on top of him. At the time the subject video begins, Ruiz already has his service weapon out and Murad has control over Aguilar?s left wrist. Without question, a signi?cant portion of the incident was unrecorded and, based on the deputies? statements, the struggle had been ongoing throughout their entire attempt to restrain Aguilar. Aguilar?s vigorous efforts to resist the deputies were corroborated by independent witnesses. Captain Kusch February 23, 2015 Page 11 of 11 Based on the evaluation set forth above, we conclude that Deputies Murad and Ruiz acted in lawful self-defense and defense of others when they used deadly force against Aguilar. We are therefore closing our ?le and will take no further action in this matter. Very truly yours, JACKIE LACEY District Attorney By GEOFFREY RENDON Deputy District Attorney (213)974-3 8 88 0: Deputy Albert Murad, #525760 Deputy Jose Ruiz, #467509