District attorney finds Salinas officers acted in self-defense in parking lot shooting
The Monterey County district attorney announced Tuesday that no charges will be filed against any Salinas police officer involved in the shooting of a robbery suspect earlier this year.
On Feb. 1, officers shot Guadalupe Aguirre Espinoza inside the parking lot of a Safeway grocery store.
Officials said a store employee caught Espinoza stealing a shopping cart full of alcohol. After restocking the merchandise, the employee noticed Espinoza staring at him from outside the store. When the employee approached to ask him to leave, Espinoza drew a gun from his waistband and started walking away. A patron on his way into the store also observed the gun in Espinoza’s hand and feared he would start shooting. Believing the gun was real, the patron called 911. Before Espinoza left the store, surveillance video showed he also shoplifted a bag of chips.
Salinas police officers responded and spent several minutes ordering Espinoza in both English and Spanish to get on the ground near the Safeway. The standoff ended when Espinoza suddenly drew the firearm and officers opened fire and shot Espinoza.
Upon closer inspection, police determined Espinoza’s gun was, in fact, a realistic-looking airsoft gun. Furthermore, during a search of Espinoza’s property, police found approximately 4 grams of methamphetamine.
Espinoza was placed on probation for three years and ordered to serve 120 days in the county jail. The terms of his probation include orders to stay away from the location where the incident occurred, and to not use or possess weapons, alcohol, or drugs.
District Attorney Jeannine Pacioni said: “My finding is that there is insufficient evidence to prove beyond a reasonable doubt the officers unlawfully fired their weapons as Mr. Espinoza’s withdrew a replica firearm from his waistband. The shooting officers stated they believed the weapon was a real firearm. They acted under reasonable belief in the need to defend themselves, fellow officers, and members of the public from an imminent threat of deadly force.”
