Salinas police cleared of any charges in Wingstop officer-involved shooting

The Monterey County District Attorney’s Office said no charges will be filed against the police officers involved in the shooting death of Angel Ruiz on March 20, 2014.

In a report released by Assistant District Attorney Jeannine Pacioni, 12 reasons were listed for the conclusion:

-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 he 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 authorized a suicide note dated March 20, 2014.

-On March 20, 2014, at about 6:18 p.m., Ruiz committed a violent robbery at Jack in the Box, including shoving a gun into the victim’s mouth.

-On March 20, 2014, at approximately 9:50 p.m., Ruiz pointed a gun at an employee of the Wingstop restaurant.

-The Wingstop restaurant was crowded with patrons at the 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 a blood alcohol level of .15 and potentially toxic levels of medications prescribed for psychiatric disorders.

The District Attorney’s Office stated in the information released on Friday, that according to state and federal law, any person, including a police officer, is allowed to use deadly force in self-defense or in defense of others if the person believes the immediate use of deadly force is necessary to defend against imminent danger of great bodily injury or death.

Pacioni stated the investigation revealed that the officers acted with a reasonable belief that Ruiz posed an imminent deadly threat when officers shot him in self defense and in defense of others.

The report also stated the fact that Ruiz had a replica firearm rather than a real one makes no difference, as long as the person acting in self-defense believed the gun was real.

Pacioni said all of the officers thought the gun was real and the investigation disclosed no evidence to the contrary.

The report concludes by stating it appears Ruiz decided to kill himself that day and chose suicide by cop as his method.

Salinas police Chief Kelly McMillin received the concluded report from the Monterey County District Attorney’s Office on Thursday.

The District Attorney’s Office said the remaining three officer-involved shootings from last year are still under investigation.

May 9, 2014: Officers shot and killed Osman Hernandez outside the Mi Puebla store on East Alisal after responding to reports of a man waving a knife. Investigators said he brandished his knife at officers and they feared he would attack them. Prior to shooting him, they used a stun gun on him but officers said it didn’t work.

May 20, 2014: Officers responded to reports of a man trying to break into a woman’s house and exposing himself to her. When officers arrived, he had a large pair of garden shears, which they said he was brandishing at them. Officers tried using a stun gun on Carlos Mejia unsuccessfully, and eventually shot and killed him.

July 10, 2014: Frank Alvarado, 39, was shot and killed in an early morning altercation with police. Officers had responded to reports that Alvarado had broken into his grandfather’s home and set fire to part of it using a butane torch. Alvarado had left the house and was hiding behind a car. He ignored orders from police in both English and Spanish to surrender. At one point, he lunged toward officers with an object in his hand that officers believed might have been a weapon and yelled an expletive at them. The object turned out to be a cellphone.

Monterey County District Attorney’s Office Report on Ruiz OIS