California Department of Justice Releases Report on Officer-Involved Shooting of Christopher Mercurio

OAKLAND – California Attorney General Rob Bonta, pursuant to Assembly Bill 1506 (AB 1506), today released a report on Christopher Mercurio’s death from an officer-involved shooting in Valencia, California, on January 11, 2023. The incident involved a deputy from the Los Angeles Sheriff’s Department. The report is part of the California Department of Justice’s (DOJ) ongoing efforts to provide transparency and accountability in law enforcement practices. The report provides a detailed analysis of the incident and outlines DOJ’s findings. After a thorough investigation, DOJ concluded that criminal charges were not appropriate in this case.  

“We recognize the considerable challenges and difficulties faced by all those impacted, including Mr. Mercurio’s family, the law enforcement agencies involved, and the community as a whole,” said Attorney General Bonta. “The California Department of Justice aims to partner with law enforcement to build a just and equitable legal environment, ensuring that the rule of law is upheld, and justice is accessible to everyone.”

At approximately 10:58 PM, on Wednesday, January 11, 2023, a LASD deputy went to the Macy’s department store in the Valencia Town Center, in Valencia, in response to a trespassing call. At the Macy’s, the deputy contacted Mr. Mercurio. Mr. Mercurio refused to leave and struck Deputy Gonzalez in the head. Mr. Mercurio continued to advance towards Deputy Gonzalez and ignored commands to step back. Shortly thereafter, the deputy fired two shots at Mr. Mercurio and fatally wounded him.

Under AB 1506, which requires DOJ to investigate all incidents of officer-involved shootings resulting in the death of an unarmed civilian in the state, DOJ conducted a thorough investigation into this incident and concluded that there is insufficient evidence to prove, beyond a reasonable doubt, that the deputy involved acted without the intent to defend themselves and others from what each of them reasonably believed to be the imminent risk of death or serious bodily injury. Therefore, there is insufficient evidence to support a criminal prosecution of the deputy. As such, no further action will be taken in this case. 

As part of its investigation, DOJ has identified three policy and training recommendations related to this incident. The first recommendation is that LASD expand its de-escalation policy to promote officer safety so that it includes specific guidelines, definitions, and examples of potential de-escalation techniques, including a variety of tactics and strategies covering an array of circumstances. In addition, it is recommended that LASD provide its deputies with improved training on de-escalation tactics, techniques, skills, strategies, and approaches for safely and effectively addressing situations without use of force whenever possible.

The second recommendation is that LASD policies provide deputies with effective guidance and training regarding how to identify people with a mental health condition by considering several factors, including: (1) self-reporting, (2) information provided by witnesses, (3) the agency’s and justice system’s previous knowledge of the individual, or (4) an officer’s direct observations. In addition, it is recommended that LASD provide deputies with effective training on how to interact with people who have mental health conditions, and procedures to follow during these encounters.

The third recommendation is that LASD provide refresher training on deputy requirements and responsibilities after an officer-involved shooting. In addition, it is recommended that deputies fully understand that they are not to discuss the matter with any member or person other than a supervisor in the very limited manner proscribed by LASD policy, or other authorized personnel like the Homicide Bureau Investigator, or the Division of Law Enforcement.

A copy of the report can be found here.