Becerra says state to join in probe of Vallejo cops

California Attorney General Xavier Becerra announced late Friday that the state Department of Justice will investigate the Vallejo Police Department’s disposal of key evidence in the police killing of Sean Monterrosa — the windshield of the unmarked police vehicle an officer shot through.

“The allegations concerning destruction of evidence under the watch of the Vallejo Police Department are significant,” Becerra said in a statement. “For public trust to exist, each and every part of our criminal justice system must operate in cohesion and there’s little room for error. That’s why we’ve accepted Chief Williams’ request to take a look at what happened with the evidence and relay our findings to the District Attorney’s Office for review.”

Officials said the probe is separate from the Department of Justice’s review of the Vallejo Police Department’s policies and practices. Previously, Becerra had declined to investigate the Monterrosa shooting.

“The bottom line is that law enforcement across the country are rightly coming under the microscope and they have to get these things

right if there’s going to be a chance to rebuild trust,” Becerra said. “Our communities, particularly Black Americans and people of color during this time of social upheaval, deserve to know that we are listening and doing our part to take action.”

In the early morning shooting on June 2, a police officer fired at Monterrosa through the windshield of an unmarked police vehicle. The 22yearold was outside a Walgreens where police had responded to reports of people stealing merchandise on a night of demonstrations against police killings of people of color.

Last week, The Chronicle reported and Vallejo police confirmed that the windshield of the pickup truck the officer shot through had been destroyed.

Earlier on Friday, House Speaker Nancy Pelosi called on the FBI to probe the killing.

“The police killing of Sean Monterrosa was a horrible act of brutality that continues to shake our Bay Area community. Recent reports that key evidence in the investigation was destroyed are deeply disturbing and highlight the urgency and necessity of an outside, independent federal investigation,” Pelosi said. “We must insist on justice and accountability to honor Sean’s life and the lives of all killed by police brutality in America.”

State Sen. Bill Dodd, who represents California’s Third District, which includes Solano County, echoed Pelosi’s demand for an FBI investigation in a statement Friday.

“A thorough, independent investigation is absolutely essential for justice and accountability,” Dodd said. “Sean Monterrosa, his loved ones and the entire Vallejo community deserve no less.”

The officer — whose name has not been officially released — fired five rounds from a rifle through the windshield, one of which struck Monterrosa. The officer was later heard on body cam footage asking other officers, “What did he point at us?” before saying, “Hey, he pointed a gun at us.” Police said the officer mistook a hammer in Monterrosa’s sweatshirt as a firearm.

Vallejo Police Chief Shawny Williams said Monterrosa was “turning towards the officers in a crouching down, half-kneeling position, as if in preparation to shoot.” In an earlier statement, Williams said Monterrosa was on his knees and raising his arms, “revealing what appeared to be the butt of a handgun.”

Monterrosa’s family said they believe he was on his knees and surrendering when he was killed.

Vallejo city officials told The Chronicle an employee of the Vallejo Police Department who authorized destruction of the windshield was placed on administrative leave. The employee has not been identified by city officials.

In letters to county, state and federal agencies, which The Chronicle received from a source in the city of Vallejo, interim City Attorney Randy Risner said the destruction of evidence may have been a criminal act. He said the employee who authorized a contractor to destroy the windshield is a police officer, and that other officers may have been involved.

“No officer or other employee of VPD discussed the destruction of this potential evidence with VPD executive staff or with the City Attorney’s Office until after the fact,” Risner wrote in a July 15 letter to Solano County District Attorney Krishna Abrams. “It is also my understanding that more than one officer may be involved in the destruction of this evidence.”

Risner addressed similar letters on July 15 detailing the disposal of the windshield to state Deputy Attorney General Nancy Beninati and the Civil Rights Division of the U.S. Department of Justice, respectively.

The Vallejo police chief issued a statement Friday night saying he was grateful the state DOJ is stepping in, and said two employees have been placed on leave while the investigation is pending.

Abrams has recused her office from reviewing the police killings of Monterrosa and Willie McCoy. Vallejo officials have asked that an outside agency investigate the shooting, and said they have contacted the FBI.

Vallejo police killed McCoy, 21, who fell asleep behind the wheel while in the drivethrough of a Taco Bell restaurant in February 2019. Vallejo police officers fired 55 rounds toward him after police said McCoy roused from sleep and reached for a gun in his lap.

In letter addressed to Abrams on July 16, Risner demanded that she review the Monterrosa and McCoy killings, stating that her recusal was unlawful and threatening to file a complaint against her.

Abrams and Risner could not be reached for comment on Friday evening.

Melissa Nold, one of the attorneys representing Monterrosa’s family along with John Burris, told The Chronicle Friday that she was aware of Risner’s demand of Abrams, and said it is indicative of the confusion over the handing of the investigation.

Nold said Monterrosa’s family has expressed frustration over the probe into his killing, saying that the case is “up in the air” without any clear path toward justice.

“For them, for the family, it creates a situation where they have to wonder is there ever going to be justice, or even any method of trying to acquire it,” Nold said. “It’s frustrating for them to not even have a game plan. We can’t even explain to them what is going to happen next because we don’t even know. Nobody knows.”

Burris told The Chronicle that this case is like a “hot potato” that continues to be thrust into the hands, and out of the hands, of multiple officials.

“The problem with it is that it leaves the families in No Mans Land because (they) can’t look to whoever is supposed to do with any degree of confidence that it’s going to get done,” Burris said.