Prosecutors have decided not to pursue criminal charges against the Los Angeles police officer who fatally shot an unarmed man after a 2015 car chase that ended in Burbank, a shooting that the city's Police Commission concluded was unjustified.
The Los Angeles County district attorney's office determined there was "insufficient evidence to prove beyond a reasonable doubt" that Officer Brian Van Gorden unlawfully used deadly force when he fatally shot Sergio Navas, according to a seven-page memo made public Tuesday.
Although Van Gorden may have had "other reasonable options," it was also reasonable for the officer to determine that Navas posed a deadly and immediate threat, prosecutors wrote.
Citing "tense, uncertain and rapidly evolving circumstances," prosecutors noted that Navas had suddenly stopped the car, exited and stood "face to face" with Van Gorden. The officer's partner, they added, told investigators he thought Navas was going to shoot them.
"If Van Gorden acted honestly and reasonably in his decision to use deadly force, his actions are justified and he acted lawfully," prosecutors wrote. "We conclude that the evidence presented demonstrates that Van Gorden honestly believed that deadly force was necessary under the circumstances."
The decision from the D.A.'s office brought to an end two years of investigations and legal wrangling that followed Navas' death, which drew little public attention but quickly raised questions within the Los Angeles Police Department. The city agreed last December to pay his family $2.5 million, nearly a year after the Police Commission handed down its own finding.
Luis Carrillo, an attorney representing Navas' family, said he thought Dist. Atty. Jackie Lacey's office should have filed manslaughter charges against the officer, describing his behavior as "reckless." But, he said, he wasn't surprised with the decision, given that Lacey hasn't charged officers in other on-duty shootings.
"It's always a disappointment when police officers take the life of a human being," he said. "It's also always a disappointment when district attorney's offices don't file."
Van Gorden's lawyer called the decision from prosecutors "fair." At the time of the shooting, attorney Gary Fullerton said, the officer believed Navas was carrying a gun and posed a deadly threat.
"He wasn't out there trying to do a dastardly deed. He's trying to do his job right and he made a mistake," Fullerton said. "I don't think somebody should face a criminal penalty for that."
Last year, the Police Commission agreed with LAPD Chief Charlie Beck's conclusion that an officer with similar training and experience would not have considered Navas a threat. The board determined Van Gorden violated the department's rules for using deadly force and faulted both officers for their tactics leading to the shooting.
Officers tried to stop Navas after they spotted him speeding in a gold Mercury Sable in Toluca Lake, but the 35-year-old took off toward Burbank, according to a report Beck submitted to the Police Commission and the new memo from prosecutors. The car had paper plates, adding to the officers' suspicion that it may have been stolen.
Navas came to an abrupt halt on National Avenue, a dead-end street. The officer who was driving the police SUV told investigators he was driving too fast to stop behind the Sable and had to veer alongside the car to avoid hitting it, the reports said.
Twitter: @katemather
UPDATES:
3:45 p.m.: This story was updated with comments from the attorneys representing Sergio Navas' family and Officer Brian Van Gorden, along with more information from the prosecutors' memo.
This story was originally published at 1:15 p.m.
