Custodial Death Report ATTORNEY GENERAL OF TEXAS Page 1of4 Custodial Death Report Filed: 11-26-2013 1:10 pm PA12344C GREG ABBOTT Agency/Facility Information Name: Bexar County Sheriffs Dept. Address: 200 N. Comal City, Zip: San Antonio, 78207 Phone: 210-335-6010 Director: Susan Pamerleau Name of Report Filer: John R Perez Email of Report Filer: jperez@bexar.org Identity Of Deceased Name: Jose Alberto Guerra Race/Ethnicity: Hispanic Sex: Male DOB: 08-30-1993 Age: 20 Date Of Custody (arrest, incarceration) 10-14-2012 1:30 am Date Of Death 10-14-2012 2:30 am Where did the event causing the death occur? Address: 11200 Blk Culebra City: San Antonio County: Bexar Has a medical examiner or coroner conducted an evaluation to determine a cause of death? Yes, results are available Apparent Manner Of Death: Justifiable Homicide Medical Cause Of Death: Penetrating gunshot wound of head Was the cause of death the result of a pre-existing medical condition or did the deceased develop the condition after admission? https ://www.texasattomeygeneral.govI criminal/custodial/report_view. php ?rid=3161 3/12/2015 Custodial Death Report Page 2 of 4 Not Applicable; cause of death was accidental injury, intoxication, suicide or homicide Had the deceased been receiving treatment for the medical condition after admission to your jail's jurisdiction? Not Applicable Type of Custody Custody of Peace Officer subsequent to arrest What were the most serious offenses with which the deceased was (or would have been charged with at the time of death)? 1. Assault on a Public Servant Status: Not filed at time of death Type of Charges Violent Crime Against Persons Did the deceased die from a medical condition or from injuries sustained at the crime/arrest scene? Injuries only If injured at the crime/arrest scene, how were these injuries sustained? Inflicted by law enforcement officers Was the deceased under restraint in the time leading up to the death or the events causing the death? No At any time during the arrest/incident, did the deceased: Appear intoxicated (either alcohol or drugs)? - Yes. Threaten the officers(s) involved? - Yes. Resist being handcuffed or arrested? - No. Try to escape/flee from custody? - No. Grab, hit or fight with the officer(s) involved? - No. Use a weapon to threaten or assault the officer(s)? - No. Other- No. Not Applicable - No. What type ofweapon(s) caused the death? Handgun Where did the deceased die? At medical facility What was the time and date of the deceased's entry into the law enforcement facility where the death occurred? Not Applicable https://www.texasattomeygeneral.gov/criminal/custodial/report_view.php?rid=3161 3/12/2015 Custodial Death Report Page 3 of 4 At the time of entry into the facility, did the deceased: Appear intoxicated (either alcohol or drugs)? - No. Exhibit any mental health problems? - No. Exhibit any medical problems? - No. Not Applicable - Yes. If death was an accident or homicide, who caused the death? Law enforcement/correctional staff If death was an accident, homicide or suicide, what was the means of death? Firearm Summary of How the Death Occurred: On 10-14-13 Sgt. F. Bellino # 260, responded to the 11200 Blk of Culebra Rd. for a suspicious person described as a male walking in the roadway causing a traffic hazard. As he arrived by the area, Sgt. Bellino transmitted through his county radio yelling out loud "Stay there, don't move or I'll shoot you". Deputy J. Rodriguez# 269 arrived by the area and contacted Sgt. Bellino who told Deputy J. Rodriguez "He charged at me". The male later identified as Guerra, Jose. According to the statement that Sgt. Bellino provided, he stated that as he was traveling down Culebra Rd. he noticed some vehicles in front of him applying their brakes and moving over to the center tum lane. As he got closer to the dispatched area, he observed a shirtless male walking eastbound on the traffic lane. He realized that the vehicles he observed earlier moving into the tum lane were moving over because of the male walking on the roadway. As Sgt. Bellino got closer to the male, he activated his red and blue overhead lights due to the male still being on the roadway and for the traffic less likely to strike the male. Sgt Bellino stated that he pulled over to his right and stopped in front of the male, the male being approximately twenty five (25) feet away from the patrol unit. Sgt. Bellino described the male as sweating and breathing very heavily. The male was flexing his muscles toward Sgt. Bellino as if he was preparing to fight. According to Sgt. Bellino, the male was swinging his arms back and forth aggressively and appeared agitated by the presence of the patrol unit. Sgt. Bellino stated that the male was walking toward his patrol unit and Sgt. Bellino started giving the male order to stop where he was at. The male ignored his orders at which time Sgt. Bellino drew his service pistol and again order the male to stop. As the male was reaching the front of the patrol unit, Sgt. Bellino started moving backwards and started telling the male to place his hands on the hood of the patrol unit. According to Sgt. Bellino, the male placed his clinched fists on the hood of the patrol unit and started looking in the direction of Sgt. Bellino. Sgt. Bellino started attempting to talk to the male in attempts to de-escalate the situation. The male was not complying and started to do mini-pushups off the hood off the patrol unit. The male then pushed off of the patrol unit and charged at Sgt. Bellino. Sgt. Bellino stated that he was retreating but the male was rapidly closing the gap between them. Sgt. Bellino stated that he was afraid that the male would grab him and a fight would ensue in the street possibly causing them to get struck by a passing car or that the male may have an unknown weapon in his clinched fist that might hurt him. Sgt. Bellino stated that he continued to order the male to stop but he failed to comply so he fired his duty handgun toward the male striking the male. The male was treated at the https://www.texasattomeygeneral.gov/criminal/custodial/report_ view.php?rid=3161 3/12/2015 Custodial Death Report Page 4 of 4 scene and then transported to the University Hospital where he was pronounced Deceased by Dr. Helen Markowski at 0230 hrs. We did recover a cell phone video from a resident that lived across the street from the scene which depicted the patrol unit and a subject charging toward what appeared to be Sgt. Bellino. That video and the case file was provided to the District Attorney's Office and the FBI (John Deleon)for review. https://www.texasattorneygeneral.gov/criminal/custodial/report_view.php?rid=3161 3/12/2015