DA: Off-duty Santa Cruz Police officer will not receive charges after accidentally killing Salinas man

SALINAS, Calif. (KION-TV): UPDATE ON 12/22/22 AT 3:36 PM: The Monterey County District Attorney's Office determined Thursday that they would not charge a Santa Cruz Police Officer after he accidentally discharged his personal weapon while cleaning it back in October.

Francisco Villicana, 22, was off-duty in his garage on Antelope Drive. A single shot went through Villicana's hand and struck Luis Alfredo Ferro-Sanchez, 20, in the chest, killing him, per the DA's office.

The district attorney's office said both men were friends and had been for a long time. Villicana offered to teach Sanchez how to clean his semi-automatic pistol, which Sanchez agreed to. Villicana left his garage door open when the accident occurred.

"A neighbor from across the street who was outside saw the two conversing in the garage. There was no argument or other disturbance. She heard a gunshot and saw Villicana approach Sanchez, embrace him and lower him to the garage floor," said the DA's office.

She then walked over, and the off-duty officer told her it was an accident and that the gun had discharged. Villicana was bleeding from his left hand, so the neighbor went to get a towel, and when she returned, Villicana had called 9-1-1.

Salinas Police Officers arrived to find Villicana crying. He replied when officers asked what happened, "accidental discharge." He said it three times, but when asked for details could not provide them due to his beginning to lose consciousness.

There was no evidence of drug or alcohol use found in the garage, said the district attorney's office.

When interviewed later, Villicana told police, "I should have let the gun fall to the ground." He was extremely emotional, distressed, remorseful and upset, per the district attorney's office. He explained he pulled back the slide to clear a round from the chamber when the gun slipped.

He tried catching the gun with both hands. One finger from his right hand slipped into the trigger guard, and when he clenched his hand to secure the falling gun, he squeezed the trigger, said the DA's office report.

The gun discharged while Villicana's left hand was in front of the muzzle and went through it. The bullet nicked Sanchez's aorta, and he bled out, per the district attorney's office.

Salinas Police also concluded the discharge was accidental.

The Monterey County District Attorney's Office also concluded it was an accident for the following reasons:

• Villicana left the garage door open in daylight.
• The eyewitness neighbor who saw the incident said it was an accident. She heard no
  argument and observed Villicana’s demeanor immediately afterward.
• There is no evidence of motive. Sanchez and Villicana were friends.
• Sanchez stated three times, the discharge was accidental.
• Villicana shot himself in the left hand.
• Villicana was the one who called 911. He did not flee. His demeanor and explanation
  were credible.
• There is no evidence or proof beyond a reasonable doubt to contradict Villicana’s
  account. On the contrary, all the evidence is consistent with his story.

The district attorney's office explains the decision not to charge Villicana with a crime because this "was a tragic accident, not a crime." They elaborated that an accident, and even negligence that causes death, is not a crime.

Voluntary manslaughter happens when a person's gross negligence causes the death of a human being. Gross negligence would have been recklessness that disregards human life or shows indifference to the consequences of one's actions, said the district attorney's office.

According to Santa Cruz Police, Villicana has been an officer for the department since Feb. 2022. Chief Bernie Escalante said they would support the victim's family in any way possible.

"This tragic incident is devastating for everyone involved, and we acknowledge many people are grieving,” Escalante said. "Words cannot express the sorrow we feel for the family
and friends of Mr. Ferro-Sanchez."

One dead after Santa Cruz PD officer's personal gun discharged, officer on administrative leave

UPDATE ON 10/26/22 AT 10:36 AM: The Monterey County District Attorney's Office said they had not received the Salinas Police report for an off-duty Santa Cruz Police officer that allegedly discharged a gun killing a 20-year-old.

Francisco Villicana was preparing to clean his gun Friday on the 1500 block of Antelope Drive. He was handling the gun when he accidentally fired it, and a single shot hit his hand and the chest of Luis Alfredo Ferro-Sanchez, killing him, according to Salinas Police.

Salinas Police said that all signs point to this being an accident and that nobody has been arrested due to the circumstances of the case. Since nobody was arrested, Salinas Police doesn't have a 48-hour deadline to submit their report to the DA's office.

Salinas Police said at this time, they do not plan to recommend charges to the DA's office once they submit their report.

The DA's office can then file charges against the officer if they deem enough evidence is present to charge the off-duty officer with a crime.

UPDATE ON 10/25/22 AT 5:12 PM: Santa Cruz Police released a statement saying that Francisco Villicana has been put on administrative leave following his personal gun discharging and killing of a 20-year-old man in Salinas on Friday night.

According to Santa Cruz Police, Villicana has been an officer for the department since Feb. 2022. Chief Bernie Escalante said that they will support the victim's family in any way they can.

"This tragic incident is devastating for everyone involved, and we acknowledge many people are grieving,” Escalante said. "Words cannot express the sorrow we feel for the family
and friends of Mr. Ferro-Sanchez."

ORIGINAL STORY

Salinas Police announced that 20-year-old Luis Alfredo Ferro-Sanchez was killed after a personal gun owned by a Santa Cruz Police Officer accidentally discharged on Friday night.

Officers said that they responded to a report of an accidental discharge of a firearm that resulted in a gunshot wound on the 1500 block of Antelope Drive around 5:45 p.m. Officers said they found Ferro-Sanchez was suffering from a single gunshot wound to his torso.

22-year-old Francisco Villicana was suffering from a gunshot wound to the hand. Both of them were transported to a local hospital, with Ferro-Sanchez passing away from his injuries.

Police said that Villicana is a Santa Cruz Police Officer and was off-duty while preparing to clean his personally owned firearm.

Police said that Villicana was handling the firearm when he accidentally discharged a single round. Salinas Police responded and assumed responsibility for the investigation.

They are saying this is a tragic accident, and the case will be forwarded to the Monterey County District Attorney's Office for their review.

We have reached out to Santa Cruz Police for a statement and are waiting to hear back.