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D.A. declines to file charges against 911 caller in McDade case

Ericka Aguilar/KPCC

McDade family attorney Caree Harper, center (flanked by the victim's parents), has said she believes Oscar Carrillo committed a felony when he lied to police about his assailants being armed.

The Los Angeles County District Attorney has declined to file involuntary manslaughter charges against a man who lied to police about being robbed at gunpoint. The 9-1-1 call led police to shoot an unarmed robbery suspect who later died from the gunshots.

Oscar Carrillo, 27, reported to Pasadena police on March 24 that two men had pointed guns at him and stolen his backpack. When police responded, they encountered Kendrec McDade, 19, on a street near the alleged robbery. Police say McDade reached for his waistband so they opened fire, wounding him seven times. Carrillo later admitted he lied about the two men having guns.

"After a thorough review of the facts and evidence, this office declines to file criminal charges against Oscar Carrillo for involuntary manslaughter," Deputy District Attorney Scott Goodwin wrote in the charge evaluation worksheet.  

"Carrillo's act was one in a series of acts, beginning with the decedent's own conduct, that culminated in the fatal shooting," the prosecutor wrote. "The decedent's subsequent flight from the police and decision to run at the officer's vehicle were significant intervening factors that were not a reasonably foreseeable consequence of Carrillo's 911 call."

Carrillo’s attorney, Andres Bustamante, said he strongly beieved prosecutors would not be able to prove the case.

“There was a time lapse." Bustamantes said. "There were too many intervening forces in between the time that he made the call and whatever happened between the young man and the police officers."

The D.A. has referred the case to the Pasadena city attorney’s office to determine if it will file misdemeanor false police report charges against Carrillo.

Carrillo faced deportation to Mexico after the shooting because he was living in California illegally. But his immigration removal was intercepted by the Pasadena Police Department, which wanted Carrillo to remain in the U.S. while the D.A. decided whether to file criminal charges. In the meantime, Carrillo has been wearing an electronic monitor while continuing to live with his family in Pasadena.

Kendrec McDade's family has filed a wrongful death civil lawsuit against the City of Pasadena and its police department. Bustamante said he believes the McDade's family’s lawyer would probably petition the federal courts to keep immigration authorities from deporting Carrillo while the lawsuit is pending.

Carrillo's attorney is seeking a U-Visa for his client, which are given to immigrants who are crime victims.

The L.A. County District Attorney continues to investigate whether it will file criminal charges against the police officers who shot the teenager.








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