Post by WaTcHeR on Jul 12, 2006 14:25:01 GMT -5
07.12.2006 - RANCHO CUCAMONGA - A rookie L.A. County sheriff's deputy was charged with voluntary manslaughter Friday for shooting his friend in the head after a night of partying.
Prosecutors declined to file a more serious charge of murder against Christopher Sullivan despite evidence suggesting the deputy had placed his service weapon in Cesar Valdez's mouth when the gun discharged.
"We have no reason to think this was something sinister," Deputy District Attorney Thomas Colclough said. "It was very poor judgment that led to someone's death."
Sullivan, 24, is to be arraigned on the charges Monday in West Valley Superior Court.
Investigators say Sullivan is a graduate of the Los Angeles County Sheriff's Academy and a Marine Corps reservist.
He had just started working for the sheriff when he was called to duty in Iraq.
He and Valdez were celebrating his return home when the shooting occurred April 9.
Prosecutors said Valdez and a woman, whom they declined to identify, drove Sullivan home at about 6:30 a.m. after their night out together.
Valdez, 24, of Chino, and Sullivan got out of a pickup truck and walked toward Sullivan's house to exchange goodbyes.
At some point, Sullivan pulled out his loaded 9 mm Barreta pistol and placed it in Valdez's mouth, prosecutors said.
The gun fired, and Valdez dropped to the ground in Sullivan's driveway.
Colclough said investigators don't know exactly how or why the gun ended up in Valdez's mouth. However, gunshot residue evidence shows that Sullivan was in possession of it when it went off, the prosecutor said.
The woman with the two men told police the men were happy together and she saw no fights or struggles between them in the seconds before the gunshot, Colclough said.
"It's a very unusual case," the prosecutor said.
Sullivan's attorney, David Goldstein, did not return a call seeking comment Friday.
A man who identified himself as Valdez's brother would not say Friday whether the family believes the charges are appropriate.
"We just want justice," said the man, who declined to give his name and then politely ended the conversation.
Sullivan was arrested after the shooting and then freed on bail.
He faces up to 21 years in prison if convicted of the manslaughter charge and an enhancement for gun use.
Colclough said prosecutors probably could have charged Sullivan with second-degree murder under the theory that the trained lawman knew placing a loaded gun in somebody's mouth was inherently dangerous to human life.
However, they filed the lesser manslaughter charge instead because Sullivan didn't appear to act with any overt animosity toward his friend.
"It's something that we might revisit after the preliminary hearing," the prosecutor said.
A second-degree murder charge along with a gun enhancement could carry a sentence of as much as 40 years to life in prison.
The Los Angeles County Sheriff's Department refused to say Friday whether Sullivan is still employed.
www.dailybulletin.com/news/ci_4025528
Prosecutors declined to file a more serious charge of murder against Christopher Sullivan despite evidence suggesting the deputy had placed his service weapon in Cesar Valdez's mouth when the gun discharged.
"We have no reason to think this was something sinister," Deputy District Attorney Thomas Colclough said. "It was very poor judgment that led to someone's death."
Sullivan, 24, is to be arraigned on the charges Monday in West Valley Superior Court.
Investigators say Sullivan is a graduate of the Los Angeles County Sheriff's Academy and a Marine Corps reservist.
He had just started working for the sheriff when he was called to duty in Iraq.
He and Valdez were celebrating his return home when the shooting occurred April 9.
Prosecutors said Valdez and a woman, whom they declined to identify, drove Sullivan home at about 6:30 a.m. after their night out together.
Valdez, 24, of Chino, and Sullivan got out of a pickup truck and walked toward Sullivan's house to exchange goodbyes.
At some point, Sullivan pulled out his loaded 9 mm Barreta pistol and placed it in Valdez's mouth, prosecutors said.
The gun fired, and Valdez dropped to the ground in Sullivan's driveway.
Colclough said investigators don't know exactly how or why the gun ended up in Valdez's mouth. However, gunshot residue evidence shows that Sullivan was in possession of it when it went off, the prosecutor said.
The woman with the two men told police the men were happy together and she saw no fights or struggles between them in the seconds before the gunshot, Colclough said.
"It's a very unusual case," the prosecutor said.
Sullivan's attorney, David Goldstein, did not return a call seeking comment Friday.
A man who identified himself as Valdez's brother would not say Friday whether the family believes the charges are appropriate.
"We just want justice," said the man, who declined to give his name and then politely ended the conversation.
Sullivan was arrested after the shooting and then freed on bail.
He faces up to 21 years in prison if convicted of the manslaughter charge and an enhancement for gun use.
Colclough said prosecutors probably could have charged Sullivan with second-degree murder under the theory that the trained lawman knew placing a loaded gun in somebody's mouth was inherently dangerous to human life.
However, they filed the lesser manslaughter charge instead because Sullivan didn't appear to act with any overt animosity toward his friend.
"It's something that we might revisit after the preliminary hearing," the prosecutor said.
A second-degree murder charge along with a gun enhancement could carry a sentence of as much as 40 years to life in prison.
The Los Angeles County Sheriff's Department refused to say Friday whether Sullivan is still employed.
www.dailybulletin.com/news/ci_4025528