D.A. Clears Officers in Slaying of Man Who Had Toy Gun

An investigation by the Orange County district attorney has cleared two Garden Grove police officers of any blame in the fusillade shooting of a 20-year-old man who allegedly pointed a toy gun at them last Jan. 29.

Dennis Paul Gonzales of Garden Grove was hit by five of 14 shots fired at close range as he returned to a friend’s house, where the police had been called. Three witnesses said Gonzales never pointed the toy gun at the officers and was killed without any warning or provocation.

Deemed Justifiable Homicide

But the investigation by the district attorney’s office found the shooting was a “justifiable homicide,” said Deputy Dist. Atty. Melvin L. Jensen, the attorney in charge of the case. Jensen on Friday said an autopsy and toxicological test found that Gonzales had a blood-alcohol level twice the legal limit. The autopsy also showed that Gonzales had been ingesting cocaine, Jensen said.

Gonzales’ girlfriend, Paige Richelieu of Garden Grove, who saw the shooting, said Friday that she found it hard to believe that the district attorney’s investigation concluded that it was “justifiable.”

“I think it’s ridiculous that they could call this justifiable homicide,” Richelieu said. “The police never identified themselves (to Gonzales) as police officers that night; they just started shooting. I think it shows poor training on the part of the officers.”

Richelieu said she was questioned by investigators just once--in the early morning after the 12:15 a.m. shooting.

“I was upset, and I don’t remember what I told officers at the time,” Richelieu said Friday.

Unsure of Some Things

The day after the shooting, in an interview with The Times Orange County Edition, Richelieu said that she was unsure of some things that happened that night but that she was certain Gonzales did not point his toy gun, which he had played with earlier that evening, at officers. Police claimed that the two officers, who have never been publicly identified, fired only after seeing a gun aimed in their direction.

Richelieu had called the police that night to the home of a friend, Jerry Joseph Wilson, 20, where she and Gonzales had been fighting. In the meantime, she said, Wilson took Gonzales outside for a walk to cool him off.

While the two young men were gone, two Garden Grove police officers arrived at the house in the 9700 block of 11th Street, and parked in the rear.

Richelieu and Gonzales’ stepsister, Julie Harris, 20, said they were talking to the police officers in the living room when Wilson and Gonzales returned. Police said that Gonzales walked back into the house aiming what looked like a real gun at the two officers and that they began shooting.

However, the day after the shooting, both Harris and Wilson said Gonzales did not have the toy in his hand when police started shooting. Richelieu said she could not be sure if he was holding the toy, but that she distinctly remembered that he was not pointing anything at police officers when the shooting erupted.

“One police officer inside the house had his gun pointed and ready to fire even before Dennis walked in,” Richelieu said on Jan. 30.

Gonzales’ parents, Dolores and Dennis E. Gonzales, have taken steps to sue the city of Garden Grove for their son’s death.

City Rejects Claim

Kurt Kupferman, who is representing Dolores Gonzales, said Friday that he filed a $5-million claim, which the city rejected. Such claims must be filed before civil lawsuits may be filed. Kupferman said he will file a multimillion-dollar suit against the city within the next six months. He said Gonzales’ father plans to file a separate suit with his own attorney.

Kupferman said the district attorney’s investigation was “another instance of one law enforcement agency covering for another.” He said the shooting “was a totally irrational act . . . he was gunned down without warning.”

Dolores Gonzales said Friday: “I call it murder. My son was shot without any warning. How can they find that to be justifiable homicide? There is no reason for shooting someone so many times at close range like that. I wonder if the police officers can sleep at night. I wonder if they feel their consciences are clear.”

But Bruce Praet, an attorney representing Garden Grove, said on Friday: “It was a justified shooting, albeit, unfortunately, a tragic shooting. A replica-type weapon was drawn on officers, and the officers fired in defense of themselves.”

Chief Backs Officers

Garden Grove Police Chief John Robertson declined to discuss the shooting because civil litigation is pending. But Robertson confirmed that 14 shots were fired and five struck Gonzales. Robertson said the evidence supports the district attorney’s conclusion.

“When all is said and done, you are going to see that these officers acted very responsibly,” he said.

The two officers have been returned to normal duty, he said, and the department does not plan to identify them publicly.

Asked about Gonzales’ apparent intoxication the night he was shot, Kupferman said the fact that Gonzales had been drinking did not justify a police shooting.