Narcotics agent found not guilty [in killing of innocent man]

[High Plains]

A jury this morning found state narcotics officer Mike Walker not guilty of voluntary manslaughter for fatally shooting Rodolfo ``Rudy'' Cardenas -- touching off a brief, but raucous scuffle outside the San Jose courtroom...

...Walker, 34, was the first state agent to be put on trial for killing someone in the line of duty.
On Feb. 17, 2004, state agents were asked to assist a parole agent in doing surveillance on David Gonzales, a parolee with gang ties who had failed to report a change of address. As they staked out Gonzales' 14th Street location, Cardenas drove by and caught Walker's attention. Walker followed Cardenas, believing he was the target, and a wild vehicle pursuit ensued.

Walker caught up with the father of five at a North Fourth Street retirement home, where Cardenas ditched his van, fled down an alleyway and scaled a chain-link fence. Walker followed and, stopping at the fence, shot the 43-year-old San Jose man in the back.

The agent claimed self-defense. He insisted he saw a gun in Cardenas' hands and that the man appeared ready to engage in a gun battle. Cardenas was unarmed. Although police said they found a small folding knife in his front pants pocket, the discovery came a day after the killing and led some to speculated whether the evidence was planted.

The case drew outrage from a cross-section of the community, particularly because Cardenas' killing came on the heels of another controversial police shooting.


More at link:
http://www.bradenton.com/mld/bradenton/news/nation/13398301.htm?template=contentModules/printstory.jsp

[High Plains]

1. California justice. Ain't it special?

[Heddi]

2. Wow. Shooting someone in the back as self-defense

I suppose Mr. Cardenas had the magical ability to twist his arms in such a manner as to have them work properly at firing a gun while running forwards AND climbing a fence at the same time.


I would think that our law enforcement officers would know a gun when they see one. Especially since the man was supposedly tryign to engage in gun battle with the officer.

Let me guess--the officer had miliseconds to think. He had to shoot the man. It was his only choice. It's easy to have the benefit of 20-20 hindsight. We are safer because of this officer's actions. IT's unfortunate, but innocents must often die to protect our freedoms that this country stands for. Often, innocent people must be sacrificed for the security of us all. Just like the guy in Miami. Just like the guy in London. Just like Amadu Diallo. :eyes:

[President Kerry]

3. although it does make you think why Cardenas was bolting..

This is a bit similar to the airport incident in Miami. Hate to say it, but you gotta be smart enough to not run away from law enforcement (esp. if you have nothing to hide). Obviously that doesn't justify the murder, and if the facts are as reported, the agent should've done hard time.

[High Plains]

4. Cardenas was not the target of the drug raid...

...but he was on parole.

Maybe he didn't want to associate with cops.

[benEzra]

7. Was the pursuing officer in uniform?

If he was an undercover officer, Cardenas might've thought he was being chased by a criminal, if he had no reason to believe the police would be after him. That's what I'd think in the same situation.

[LisaL]

5. Shooting someone in a back as self-defense is about

as much believable as suiciding oneself with couple of shots to the head.

[HysteryDiagnosis]

6. Mebbe the officer thought he had WMD's in his trousers.... or some

such explanation....

[pinniped]

8. This killer should be given the noose.

The dead suspect allegedly pulled a gun, but it was allegedly a knife, which was allegedly found in his pocket.

So, he allegedly pulled a gun, made it disappear, pulled out his knife instead, got shot, then put it back in his pocket so he wouldn't get in trouble.

Coppers always claim to see guns when they shoot people.

Inept prosecutors, jury, or both.

I heard about this BS when it happened, I knew that killer would get off.

[High Plains]

9. Juries just do not want to convict cops...

There are lots of questionable police shootings.

A small number of those get taken before grand juries, and the grand juries tend not to indict.

When the grand jury does indict and the case goes to trial, the jurors won't convict.

Even when the evidence of guilt is pretty damned strong.