Is Another 'Ferguson' Brewing In A Contra Costa County Courtroom?

The coroner’s inquest today that delved into the details of the September fatal police shooting of 24-year-old Richard “Pedie” Perez in Richmond “was reminiscent of how the Ferguson grand jury treated Darren Wilson,” famed civil rights attorney John Burris said.

His remarks followed a unanimous decision by a jury in Martinez today that Perez died “at the hands of another other than by accident.”

Contra Costa County holds coroner’s inquests in the event of any officer-involved death and asks juries to decide whether the death was caused by accident, at the hands of another other than by accident, by suicide or by natural causes.

Prosecutors did not immediately return requests to comment on whether Jensen will be charged.

Burris said he plans to file a federal civil rights lawsuit within a week on behalf of the Perez family against the Richmond Police Department and Officer Wallace Jensen, whom the attorney has blasted for his use of lethal force against the unarmed 24-year-old on Sept. 14.

The attorney criticized the lack of cross-examination during the inquest and questioned testimony by Richmond police Detective Hector Esparza, who noted Perez’ arrest for an alleged DUI the night before his death as well as other arrests over the past few years, including one for negligent discharge of a firearm.

“Any criminal conduct that he had before, which was minor, really should not have had any relevant bearing as evidence in a coroner’s inquest,” Burris said.

About a dozen of Perez’ friends and relatives attended the inquest, many wearing blue ribbons and T-shirts with his picture. Like Burris, many of Perez’ relatives said they were frustrated by what they heard during today’s inquest.

Jensen, a 7-year Richmond police veteran and K-9 handler, testified that he shot Perez after a brief struggle in which the suspect tried to grab his gun from its holster.

“I was afraid he was going to take my gun and kill me,” the officer testified.

His eyes downcast throughout much of his testimony, Jensen said he had gone to Uncle Sam’s Liquors at 3322 Cutting Blvd. a short time after midnight on Sept. 14 to investigate ongoing reports of loitering in front of the store.

He testified that he only found a group of people about 50 feet away from the business who voluntarily left and was preparing to leave himself when a clerk from the store called him over.

“He said, ‘He’s causing problems,’ pointing at someone inside the store,” Jensen testified.

Jensen said the clerk was pointing to Perez, who the officer then asked to exit the store and sit on the sidewalk.

The officer said Perez seemed unsteady and slurred his speech, and a forensic pathologist testified today that Perez’s blood alcohol level was 0.24 percent at the time.

Perez initially complied with Jensen but then got up and began walking away. Jensen told Perez he was being arrested and tried to grab his right arm, and when Perez kept resisting, Jensen pulled him to the ground, falling on top of him.

“I told him to stop resisting, stop fighting, that he was now under arrest,” Jensen testified.

The two men struggled as the officer tried to restrain the suspect’s hands and at one point, he said he felt something tugging on his belt and looked down to see Perez’ hand on the grip of his gun.

As the struggle continued, Perez released the gun handle. The officer testified that Perez faced him with his arms outstretched and lunged at him, prompting the officer to open fire, he testified.

“My concern was that Mr. Perez would attempt to take my firearm and use it to kill me,” he testified.

He said Perez lunged at him twice more, and he fired two more shots to the abdomen. Perez stumbled into the liquor store and collapsed and the officer called for an ambulance. The 24-year-old was pronounced dead at the scene.

Some of Perez’ family members dabbed at their eyes with tissues as they heard the graphic testimony.

Outside the courtroom, some wept and hugged each other. Perez’ grandfather, El Cerrito resident Richard Perez, described his grandson as a “mellow guy” known for lending a hand to the homeless and others in need.

He grew up in Pinole and had worked as a truck driver for the family’s paper recycling business, located around the corner from Uncle Sam’s Liquors, Perez said.

The liquor store had been a favorite spot of Perez’ since his childhood, when he would stop in to buy ice cream, relatives said.

His grandmother, Patricia Perez, said her grandson was caring and generous, and once even paid rent for a friend struggling to make ends meet.

“Pedie was a good person,” she said. “He was not perfect, but no one is.” Richard Perez, Jr., Perez’ father, said today’s inquest “was very one-sided” and didn’t align with witness accounts he has heard.

Oakland resident Adel Somaha, who said he is a civil rights activist and acquaintance of Perez who witnessed the immediate aftermath of the shooting, said he wouldn’t want to see Officer Jensen patrolling the streets again.

“There’s a chance he’s going to risk someone else’s life,” Somaha said.

Richmond police Chief Chris Magnus said in a prepared statement today that Jensen returned to full-time patrol duty in October after two weeks of paid administrative leave.

“We’ve reviewed the findings of the Coroner’s Inquest that took place today and hope that the testimony at the inquest answered questions for those who were present,” Magnus said.

The chief said an outside investigator hired by the department is still investigating the fatal shooting and that a city-retained law firm is preparing a response to the Perez family’s civil claims.

“The department continues to view this incident as a tragedy and we appreciate that the Perez family is still grieving,” he said. “We remain committed to providing as much information to the family and the public as we can legally disclose.”

--Bay City News

--Image via Shutterstock