DA Says He Won’t Press Charges in Officer Involved Shooting

CHARLOTTE, NC– “The videos speak for themselves it’s obvious it was an unjust killing,”  said Hector Vaca with Action NC.

District Attorney Andrew Murray’s office did not agree, deciding to not charge Officer David Guerra, who shot and killed Rubin Galindo at his Hunters Pointe apartment September 7th saying in a statement:

“Officer Guerra was facing a mentally unstable, impaired individual armed with a gun and that Galindo failed to properly comply with commands…”

Galindo family attorney Brian Hochman says he sees the video quite differently.

“In my mind, there is no doubt that his hands were in the air, and that they remained in the air and the officers fired from a position of cover”,” said Hochman.

Hector Vaca with Action NC says starting with the 911 Spanish interpreter there were communication flaws.

“The 911 operator asked the interpreter is this person going to cooperate, and the 911 interpreter, rather than asking Rubin that, she responded for him and said No he’s not going to cooperate,” said Vaca.

Vaca says the miscommunication continues with Officer Guerra leading up to the shooting.

“He shifted to English telling Rubin to put the gun down but right now we have not seen any evidence he had a gun in his hand,” said Vaca.

Hochman says they’re disappointed by the DA’s decision but it won’t stop them pursuing a civil case to seek justice for Galindo’s girlfriend and daughter.

“From the first time I watched the video with Suzi at the DA’s office, I have been affected by that video,” said Hochman.