Sacto 9-1-1
November 24, 2009
Yolo DA won't charge deputies in man's death

Bee Staff

The Yolo County district attorney will not file charges against three sheriff's deputies who shot a Woodland man to death on April 30, according to a news release from the DA's office.

The use of force by deputies Hernan Oviedo, Hector Bautista and Sgt. Dale Johnson was ruled "reasonable and justified" in the death of Luis Gutierrez, 26, in Woodland, according to they report by DA Jeff Reisig's office.

A district attorney report outlining the reasons for the determination and a supporting letter from the California Attorney General were released today.

The report laid out this chain of events that led to the DA's conclusion:

- Gutierrez immediately fled from deputies after the initial consensual contact by the officers on Gum Avenue in a high crime area with gang graffiti.

- Gutierrez had methamphetamine in his system which may have altered his perception.

- The plain-clothed deputies' said that they verbally identified themselves as police officers and showed their guns and badges which was confirmed by a civilian witness who watched the pursuit and stated she could tell the deputies were police officers.

- During the foot pursuit, Gutierrez turned and swung a pocket knife at Johnson and Johnson jumped back to avoid the knife.

- Johnson's action placed him in a position that required him and Deputy Oviedo to use deadly force in order to avoid injury or death.

In a letter dated Nov. 16, the California Attorney General upheld the Yolo County District Attorney's decision that criminal charges against the sheriff's deputies were not warranted, the report states.

The attorney general conducted its independent review at the request of the Reisig, the report states.

An investigation by the FBI, which was also requested by the Reisig, is ongoing, the report states.

Click on the full district attorney report: FINAL REPORT ON THE SHOOTING OF LUIS GUTIERREZ.doc

Categories: Homicide, Yolo County

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