Man Shot Burglary Suspect in Dark : State Upholds Exoneration in Slaying

The state attorney general’s office has refused to review a decision by the Orange County district attorney’s office not to file charges in the shooting death of a 15-year-old burglary suspect, an attorney representing the boy’s family said Thursday.

Attorney Amador Corona, who asked for a review of the district attorney’s decision, was told in a letter last week from Atty. Gen. John Van de Kamp’s office that the prosecutor handling the case followed “proper procedures.”

Corona said he believed the district attorney’s office “was derelict” in its investigation.

But Deputy Dist. Atty. Richard M. King defended his role in the case and contended that Corona’s statements were financially motivated, citing a lawsuit that he has filed on behalf of the family.

The case stems from the death of David A. Gallardo, who was caught with a companion just after midnight Oct. 29 allegedly stealing expensive alloy wheels from a Porsche parked in front of a Costa Mesa shop owned by Eric Vincent Holt.

Gallardo’s family has filed a $1.1-million civil suit against Holt, alleging that he was negligent and used excessive force.

Authorities said the shooting occurred as Gallardo was driving away from Holt’s shop, Holtz VW Repair. Authorities have said that Holt fired a shotgun into a car window, killing the youth.

Holt told police that he shot Gallardo unintentionally after the youth suddenly raised his hands as if he had a weapon.

An Orange County Grand Jury subsequently cleared Holt of any criminal wrongdoing.

But Corona said he found it “absurd” that the same prosecutor who was unable to reach a decision on whether to charge Holt with the shooting also handled the case before the grand jury.

King said the decision to refer the case to the grand jury was appropriate, given the unusual facts of the case.

“Mr. Corona has sour grapes with anyone who has touched this case,” King said. “Obviously he is unable to believe the result of the grand jury and the reason is the financial interest he has in the lawsuit.”

Holt could not be reached for comment.