District Attorney: Rubin Galindo Shooting “Tragic”, But Not “Unlawful”

The Latest:

The officer involved in the fatal shooting of Rubin Galindo will not face charges, according to Mecklenburg County District Attorney Andrew Murray.

Here is the conclusion to the report Murray issued, detailing why he will not pursuit charges against the officer involved in Galindo’s death.

“There is no dispute that Officer Guerra fired his weapon and killed Galindo. Therefore, the central issue in this review is whether or not Officer Guerra was justified under North Carolina law in using deadly force. A police officer – or any other person – is justified in using deadly force if he reasonably believed, and in fact believed, that he or another person was in imminent danger of great bodily injury or death from the actions of the person who is shot. In this case, the evidence clearly supports the conclusion that Officer Guerra was facing a mentally unstable, impaired individual armed with a gun and that Galindo failed to properly comply with commands. While it is entirely possible that Galindo’s intent was to surrender to police and give them the firearm, other alternatives that could have been lethal to the officers, neighbors in the community or other occupants of the residence were just as likely based on the information available to Officer Guerra in the seconds he had to evaluate the situation. This officer-involved shooting was indisputably tragic, but it was not unlawful. Consequently, I will not be seeking charges related to the death of Rubin Galindo.”

The City of Charlotte released a statement following the District Attorney’s announcement:

“Any loss of life is tragic. Our thoughts are with the Galindo family as well as Officer Guerra and the other officers involved. CMPD remains committed to ensuring the safety of the community it serves, as well as encouraging transparency and open dialogue.”

Body Camera Footage:

WARNING: GRAPHIC CONTENT

On Friday, CMPD released all body camera footage related to the deadly officer-involved shooting of Rubin Galindo.

The family issued a statement following the video’s release:

“My name is Azucena Zamorano Aleman. I lived with Rubin Galindo. We were life partners and we had a daughter together.

Her name is Rubi and she is 4 months old. Ruben also acted like a father to my 4 other children.

This is a tragic loss. This was avoidable.

The recordings confirm what we already knew. Rubin was seeking help.

He repeatedly stated he had no bullets. It has been confirmed he had no bullets.

Despite prior statements, Rubin’s hands were in the air.

We will work with authorities to ensure a thorough investigation is concluded so that justice can be achieved for Rubin.

At this time, we ask that our privacy be respected so we can try to cope with this situation. Please direct any questions to my attorneys, Brian Hochman and Brad Butler at the above numbers.”

A judge previously ruled that body camera footage from the fatal officer-involved shooting would be released to the public. Safe Coalition NC fought to have the footage released.

911 Calls:

*Note: Some calls are in Spanish, some are in English, some are in both Spanish and English.

Original Story:

CHARLOTTE, NC — CMPD says they are petitioning courts to release body camera footage from Wednesday night’s deadly officer involved shooting. The department says they also plan to release all 911 audio and radio traffic related to the incident.

Around 9pm Wednesday, Rubin Galindo called 911 and told dispatchers that he had a gun. Throughout the conversation, which included Spanish interpreters, officials say Galindo refused to say what his intentions were with the weapon and did not give a clear reason for his call.

Galindo did tell dispatchers that he had been drinking, according to reports, and gave conflicting statements about whether or not he had taken any drugs.

Officials say there was never a language barrier during the call, only a communication barrier brought on by Galindo’s vague answers and overall demeanor.

Officers Courtney Suggs and David Guerra responded to the call and found Galindo with a gun outside the Hunters Pointe Apartments on Prospect Drive in northeast Charlotte. Officers say they repeatedly asked him to drop the weapon and show them his hands. Police say some of those commands were also given in Spanish.

When Galindo refused to comply, officers say they perceived an imminent deadly threat. Officers Suggs and Guerra then fired several shots, hitting the suspect.

Galindo was pronounced dead on the scene.

Officers cleared the home after the shooting to ensure no other threat was present. Inside, police say they found several children and adults, which were removed without incident.

No other injuries were reported

Detectives say they did recover the gun Galindo was holding at the time of the shooting at the scene.

As is standard procedure with any officer involved shooting, the Internal Affairs Bureau will conduct a separate but parallel investigation to determine whether CMPD policies and procedures were adhered to during the course of the incident.  Per department protocol, Officers Suggs and Guerra have been placed on Administrative Leave.

This is an active and ongoing investigation. Anyone with information is asked to call 704-432-TIPS or Crime Stoppers at 704-334-1600.