North Carolina, Charlotte- The two agents of the Charlotte-Mecklenburg Police Department (CMPD), involved in the operation that ended with the death of Mexican Rubén Galindo, could be prosecuted if the judge studying the case decides that the evidence on the event is sufficient to go to a trial.
On Friday, May 7, the hearing of the civil lawsuit filed by Azucena Zamorano, Galindo’s partner, in August 2019, against the city of Charlotte and officers David Guerra and Courtney Suggs, who received no charges for the death. of the 29-year-old immigrant.
In court, both parties were seeking what is called a summary judgment. Which basically means that there are no issues of fact in dispute, so a judge must rule on behalf of either party.
The tragic episode that left a feeling of impunity for the police in the Latino community, took place during an operation of the Charlotte Police Department after Galindo called 911 on Friday night to turn himself in and that he had in his possession a gun, but no bullets, that he wanted to give to the police.
Of the call, the audio was also broadcast, in which Galindo made reference to a previous arrest, and a pending court date related to a misdemeanor of pointing a weapon at someone with whom he had argued.
In response to the 911 call, the Charlotte Police Department carried out the fatal raid on the Hunters Pointe apartment complex at 1900 Prospect Drive near West Sugar Creek Road.
Video is the “queen test”
At the hearing chaired by Judge Robert Conrad, of the Federal Court of the Western District of North Carolina, the video recorded by the body camera of the agents was presented, in which the moment in which Galindo, who had his hands, was observed raised above his head, he is shot by Officer Guerra.
In fact, there are five videos that would be the “queen proof” of the event that occurred on September 6, 2017, which were released to the public after legal claims by the local newspaper The Charlotte Observer and the grassroots organization Action NC.
Zamorano was not present at the hearing, but one of his attorneys, Luke Larguess, as well as Lori R. Keeton, who represents the city and Officer Guerra, was present.
Attorneys for Galindo’s family say officers and the city are responsible for wrongful death and causing emotional distress.
The lawsuit argues that Galindo was not a threat to the officers, neighbors, his partner, a 4-year-old girl of the couple who were in the apartment.
For its part, the city claims that Galindo’s family has not proven their claims and that the Latino was partly negligent because he was intoxicated with a blood alcohol level of 0.23, and that he refused orders to lower the weapon.
Andrew Murray, who was then the Mecklenburg County District Attorney, determined not to charge Officer Guerra for Galindo’s death.
Murray told Chief Putney in November 2017 that “Agent Guerra’s involvement in the shooting was undeniably tragic, but not illegal.”
At the hearing, the judge listened to and questioned the arguments of both parties, but highlighted the fact that in the video there is evidence that Galindo “had his hands up” when he was shot.
In the complaint, the Mexican’s widow also maintains that he was still on the phone with the 911 dispatcher when he walked out of his apartment to turn himself in to the police, and with his hands outstretched and his cell phone in one hand, was shot.
Judge Conrad said that in the coming weeks he will decide whether or not there is a trial, and if it happens it would be in the next summer, possibly in the month of July.
More about this case: Hearing is held in the case of the death of Rubén Galindo at the hands of the CMPD police
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