Trader Joe's Gunman Convicted Of Murder In Death Caused By LAPD Officer's Bullet

LOS ANGELES, CA — A man who engaged in a gunfight with Los Angeles police outside a Silver Lake Trader Joe's store following a pursuit in 2018, leading to a store assistant manager being fatally shot by an officer, was convicted Tuesday of second-degree murder.

Gene Evin Atkins, 36, was convicted in June of 40 other counts, but the first jury to hear his case deadlocked on the second-degree murder charge, leading to the retrial.

Jurors spent about three hours in deliberations before returning their verdict Tuesday, which included the panel finding true allegations that Atkins personally used and discharged a firearm during the crime.

Sentencing was tentatively scheduled for Monday, although the hearing is likely to be delayed to another date.

The case stemmed from the July 21, 2018, shooting death of assistant store manager Melyda "Mely" Maricela Corado, 27, who was caught in the crossfire as Atkins fled into the Trader Joe's after crashing his grandmother's car in front of the store.

The first jury to hear the case against Atkins deliberated about three days before finding him guilty June 9 of 24 counts of false imprisonment of a hostage involving Trader Joe's employees and customers, along with counts of assault with a firearm on an officer, three counts of attempted murder, two counts each of mayhem, assault with a semiautomatic firearm and attempted carjacking. But that panel acquitted him of the most serious charge of first- degree murder and deadlocked 10-2 in favor of guilt on second-degree murder involving Corado's shooting death.

He was also found guilty in June of one count each of fleeing a pursuing peace officer's motor vehicle while driving recklessly, assault by means of force likely to produce great bodily injury and driving or taking a vehicle without consent.

Outside court after Tuesday's verdict, the victim's father, Albert Corado, told reporters, "You know, whether Gene Atkins is found guilty or not, it doesn't change the fact that Mely is still dead. She's not coming back."

He said he "learned the truth of what happened" by attending the two trials, adding that he was shocked to see a video of his daughter "dying" and taking her last breath after she was shot and that he has had to take medication.

"This verdict doesn't change anything for me," he said.

Of Atkins' absence in the downtown Los Angeles courtroom during the retrial, Albert Corado said, "He's a coward ... He should have been here. I think the judge should have forced him to be here and face reality, face what he did."

The judge noted Atkins had refused Tuesday to come to court, but said he will be ordered to show up in court next week.

Deputy District Attorney Ben Schwartz told jurors in his closing argument Monday in the retrial, "But for his (the defendant's) actions, she would be alive. ... It doesn't get any more dangerous than that."

He noted that the officers and those near the Trader Joe's saw Atkins get out of the blue Toyota Camry and immediately fire at police officers after crashing his grandmother's vehicle near the store, saying that an expert also concluded that Atkins had fired first at the officers.

Atkins surrendered at about 6:30 p.m. that day, just over three hours after he ran inside the busy store.

The prosecutor said the defendant had also fired at officers in two separate rounds of gunfire without police firing back as they chased him after being informed that he was being sought in his grandmother's shooting earlier that day.

Defense attorney Errol Cook urged the panel to acquit his client of murder, while acknowledging that the woman's death was "an enormous tragedy."

"... He did not kill Ms. Corado," he said, telling jurors to set their anger aside and not to "transfer the blame."

Cook told the panel that his client had committed crimes, caused chaos and "terrified people," but added that a gunbattle with police at the store's entrance/exit doors was "not a natural and probable consequence" of his actions.

Atkins has not been in the downtown Los Angeles courtroom for any of his retrial, but he is expected to be ordered to attend his sentencing hearing, whenever that occurs.

In a statement released after the jury's verdict in the first trial, District Attorney Nathan Hochman said, "On July 21, 2018, Gene Atkins went on a trail of terror, attempting to kill two people, trying to carjack innocent bystanders, engaging in a gun battle with police and holding dozens of terrified people hostage. Melyda Corado was needlessly killed, and others were gravely injured as a result of the defendant's deadly actions. He may not have fired the shot that killed Melyda, but we still firmly believe he is responsible for her death."

Then-Los Angeles Police Department Chief Michel Moore confirmed in 2018 that the bullet that killed Corado was fired by an officer — not by Atkins. The prosecutor noted that Atkins was charged with murder for Corado's shooting under the "provocative act" theory, telling jurors in his first trial that his actions "caused a lethal danger," resulting in the woman's "tragic" death.

At a December 2018 court appearance, Atkins told a judge he had "no criminal record, but I have an extensive mental health record," including a diagnosis of "bipolar disorder and a list of other disorders as well."

At another court hearing in February 2019, Atkins said he was "sent here by Jesus" and didn't understand anything.

"God bless you, sir," he repeatedly told a judge, later adding that "I was sent here by Jesus" and that he was a "prophet."

He was found mentally competent to stand trial in 2021.

Relatives of Corado filed a wrongful death and negligence suit in November 2018 against the city and the officers that eventually resulted in what attorneys said was a $9.5 million settlement.

The Los Angeles police officer who fired the shot that accidentally killed Corado said in a sworn declaration that he had no choice but to open fire to protect himself, his partner and bystanders.

"I had no alternative but to fire my weapon at Gene Atkins in order to stop this deadly threat that he, himself, had created," Sinlen Tse said in his sworn statement. "I fired based upon his actions and stopped when I realized he was moving into the Trader Joe's entrance to avoid striking individuals inside."

In a 2020 memorandum, the Los Angeles County District Attorney's Office found that Tse and Officer Sarah Winans were "justified in using deadly force in an attempt to stop" the suspect.

"After the crash, Atkins immediately exited the Camry and fired his handgun three times at Tse and Winans as he ran into the Trader Joe's," according to the memorandum from the District Attorney's Office.

"Tse and Winans returned fire in an attempt to stop Atkins from trying to injure or kill them or civilians in the Trader Joe's. Atkins showed no consideration for the lives of others and it was reasonable and lawful for Tse and Winans to use deadly force to protect themselves and the public."

The District Attorney's Office noted that "no bystanders were visible" behind Atkins or in the line of fire when the officers fired at the suspect, with the evidence suggesting that Corado was "accidentally struck by gunfire when she ran toward the front doors" of the store after the vehicle crash.

"Neither I nor Officer Winans fired any additional shots due to the concern regarding the patrons inside Trader Joe's, demonstrating one of several instances where Officer Winans and I showed restraint, control and reverence for human life," Tse said.

Tse said he never considered pursuing Atkins inside the market, saying that would have only put more patrons and employees in danger "due to the poor decisions Gene Atkins was making and the fact he had no regard for human life, except for his own."

Tse said he learned later that one of the five shots he fired proved to be the one that mistakenly killed Corado. Atkins did "absolutely nothing" to help Corado for nearly 20 minutes despite knowing she was injured, Tse said.

In her declaration, Winans said there came a point where Atkins posed as much of a deadly threat to the Trader Joe's patrons as he did to her and Tse.

"No longer could I avoid the unfortunate need to fire my weapon to stop Gene Atkins' deadly actions, but I also was forced into this situation based upon the deadly actions that Gene Atkins had demonstrated he was capable of engaging in," said Winans, who fired three shots.

"My heart goes out to her family for their tragic loss," Tse said.

Following the settlement with the city, Corado's family issued a statement through their attorneys, saying: "Nothing will bring Mely back to us and we are forever heartbroken by her violent death caused by those who are meant to protect and serve the community. We will keep her memory alive always. We hope this settlement sends a loud message to LAPD and all law enforcement agencies across the country that officers must account for their surroundings when firing their guns."

By Terri Vermeulen Keith, City News Service