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L.A. Sheriff’s deputy who shot Andres Guardado will not be charged in killing

Andres Guardado
(Guardado family)
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The former Los Angeles County sheriff’s deputy who shot Andres Guardado in the back several times, a killing that touched off days of raucous protests, will not face criminal charges.

Prosecutors determined there was “insufficient evidence” to prosecute ex-deputy Miguel Vega in Guardado’s death, according to a 31-page memo distributed to media on Friday afternoon. According to the memo, the lack of surveillance footage and the fact that Vega was the lone witness to the shooting were critical hurdles that prosecutors could not overcome.

Vega and Guardado first crossed paths near a Gardena auto body shop in June 2020. The deputy and his partner, Chris Hernandez, said they saw the 18-year-old “produce a handgun” and flee from them as they approached, according to the sheriff’s department.

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Vega drew his weapon and gave chase, ordering Guardado to drop the firearm, according to the district attorney’s memo. The teen complied and got on the ground, but as Vega moved to handcuff him, authorities allege Guardado then reached for the weapon. Vega then shot Guardado five times in the back.

Four years after the county agreed to a $3.75-million settlement in the killing of Anthony Weber, prosecutors have decided not to charge the deputies involved.

April 14, 2023

“Vega told investigators he had to holster his firearm to handcuff Guardado. When Vega did so, Guardado reached for his pistol. Once armed, it would have taken Guardado only an instant to fire the weapon at Vega,” the memo read. “Guardado’s actions in reaching for the firearm caused Vega to fear for his life. If Vega’s description of events is accurate, Vega reasonably believed he needed to use deadly force to defend against this threat when he fired his duty weapon at Guardado.”

Vega’s credibility, however, is highly questionable. On Thursday, an unsealed federal indictment revealed he and Hernandez were charged with conspiracy, witness tampering, falsification of records and depriving a 24-year-old skateboarder of his civil rights in an incident that took place two months before Guardado’s killing.

“My heart goes out to the Guardado family. Nothing that my office can do will mitigate the unimaginable pain that those that knew and loved Andres must be feeling. This decision doesn’t validate the actions of these officers,” Los Angeles County Dist. Atty. George Gascón said in a statement. “They have a troubling background of misconduct and that was thoroughly considered. Sadly, at the end of the day we do not believe that there is enough evidence to prove the case beyond a reasonable doubt.”

The sheriff’s department did not immediately respond to a request for comment. An attorney for Guardado’s family did not return a call seeking comment.

Prosecutors initially recommended against charging Vega in Guardado’s death last year, according to records reviewed by The Times, though the district attorney’s office has repeatedly declined to comment on that fact or discuss the eight-month delay between that finding and the announcement to the public that charges would be declined.

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On Thursday, Tiffiny Blacknell, the district attorney’s office’s director of communications, said prosecutors were “in the process of meeting with the Guardado family on the shooting case” and expected to make an announcement “soon.”

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