Decision in Police Slaying Angers Family : ‘My Son Is Dead and They’re Calling It a Draw,’ Father Says

The family of Frank Martinez, who was killed by Westminster police in July during a controversial confrontation at his mother’s birthday party, reacted with anger Tuesday at the Orange County Grand Jury’s recommendation not to hand down indictments against officers.

Joel Martinez Sr., father of the dead man, called the grand jury’s recommendation “a stupid decision.”

“I just find it stupid on their part that my son is dead and they’re calling it a draw and that nobody is to blame for it,” Martinez said. “He died at the hands of somebody. What did he do, commit suicide?”

Westminster police and the district attorney’s office announced Monday that grand jurors had concluded Monday that there was “insufficient evidence” to support any criminal action in the Martinez death.

The family’s attorney, Jose Zorrilla Jr. of Anaheim, said the decision was a “whitewash” and, in fact, a political move by the district attorney’s office to protect the officers involved--charges denied by a spokesman for the district attorney’s office.

“We’re very disappointed. But we’re not going to stop here. We’re hoping to get the FBI to finish its investigation and will await a decision by the U.S. attorney’s office,” Zorrilla added.

The Federal Bureau of Investigation is examining the case for possible civil rights violations.

A police spokesman said Tuesday that Westminster Police Chief James I. Cook “was pleased and very gratified” with the grand jury’s decision.

Police have maintained that the 18-year-old Martinez and an angry mob attacked three officers during a July 15 birthday party for Martinez’s mother in the back yard of the Martinez residence. The attack allegedly occurred after police tried to question Joel Martinez Jr., a brother of the dead man, about a gang incident in the neighborhood.

Martinez was shot once by an unidentified police officer when he allegedly charged an officer with a beer bottle, police have said.

His family, however, has claimed that police shot the unarmed Martinez as he tried to get up and flee.

Deputy Dist. Atty. Richard F. Toohey said the grand jury issued its decision after listening to testimony for eight days from 61 witnesses, including police officers, civilians and the family’s investigator.

“We interviewed and made every attempt to talk to anyone with relative information regarding the situation,” Toohey said, denying Zorrilla’s claim of “whitewash.”

Grand jury foreman James O. Lindberg said the jury’s hearing was an “exhaustive review of the evidence.”

But Zorrilla contended that during grand jury proceedings, the district attorney “controls how the questions are asked and how the evidence is presented.”

“At least the grand jury didn’t believe the police officers on one point because no (civilian) was indicted although police said they were attacked,” Zorrilla said, referring to the fact that no indictment was issued for Joel Martinez Jr., who was arrested by police the night his brother was killed for allegedly assaulting a police officer.

The Westminster City Council last week rejected a $100-million wrongful death claim filed by the family in connection with the fatal shooting of Martinez. Such claims must be filed and rejected before the filing of a lawsuit.

Mounting racial tensions between Westminster’s Latino community and police since Martinez was killed prompted a U.S. Justice Department mediator to conduct several weeks of meetings to help defuse the rising tension.