State DOJ clears L.A. County sheriff’s deputy who fatally shot unarmed man at Valencia mall
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State prosecutors have cleared a Los Angeles County sheriff’s deputy who fatally shot an unarmed mentally ill man two years ago at a Valencia mall, according to a California Department of Justice news release.
Even though the state determined there wasn’t enough evidence to justify charging Deputy Lorena Gonzalez, a 27-page report released Wednesday offered a series of policy recommendations for the Sheriff’s Department in relation to the Jan. 11, 2023, killing of Christopher Mercurio.
Some of those suggested improvements — such as expanding de-escalation policies and training deputies to better identify people with mental health conditions — mirror issues the slain man’s family raised in a lawsuit filed late last year.
L.A. County Sheriff Robert Luna sued the Civilian Oversight Commission after it attempted to subpoena records about deputy-involved shootings and beatings.
In an emailed statement to The Times, Christian Contreras, one of the Mercurio family’s attorneys, lamented the state’s decision.
“Christopher Mercurio was tragically killed when he was unarmed, not an imminent threat, and shot for merely trying to find a place to sleep at night,” Contreras wrote. “The Mercurio family is disappointed in the DOJ’s determination but look forward to their civil rights lawsuit against the County of Los Angeles.”
The county has not yet responded to the lawsuit in federal court. The Sheriff’s Department said it “fully respects” the investigative process and accepts the conclusion.
“We are extremely mindful of the significant responsibility we bear as public servants entrusted with maintaining safety and order within our communities,” the department’s statement said. “We also recognize the importance of learning from every incident and continue to prioritize the safety and well-being of our deputies, the individuals they interact with, and our communities we serve.”
The shooting occurred after Gonzalez responded to a trespassing call at a Macy’s department store in the Valencia Town Center.
When Gonzalez arrived at the mall and approached Mercurio, according to the DOJ, he refused to leave and struck the deputy in the head.
Deputy Andrew Rodriguez originally won $8.1 million in 2019, but last week the case was dismissed during a retrial.
“Mercurio continued to advance towards Deputy Gonzalez and ignored commands to step back,” the DOJ wrote in its news release. “Shortly thereafter, the deputy fired two shots at Mr. Mercurio and fatally wounded him.”
The family’s lawsuit faulted the deputy for failing to de-escalate the situation and faulted the department for allowing her to respond alone instead of sending a Mental Health Evaluation Team, even after Mercurio made confusing comments about Iran and China and described himself as “security for the whole country.”
Gonzalez could not be reached and it is not clear if she had an attorney.
According to Contreras, poor handling of mental health crises has become a pattern for the department.
“Instead of using their resources to assist individuals like Mr. Mercurio, deputies shoot and kill people merely because they have mental health disorders,” he said. The lawsuit, he said, includes a claim for “unconstitutional custom and practices based upon the Sheriff’s Department repeatedly shooting unarmed individuals with mental health disorders.”
