Pubdate: Sat, 20 Mar 2004 Source: San Jose Mercury News (CA) Copyright: 2004 San Jose Mercury News Contact: http://www.bayarea.com/mld/mercurynews Details: http://www.mapinc.org/media/390 Authors: Elise Banducci, John Woolfolk, Mercury News PROBE OF DELAY IN AID FOR MAN Prosecutor Reconstructs Fatal Shooting A prosecutor is investigating whether a delay in treating a San Jose man shot by a state drug agent may have contributed to his death. Santa Clara County Deputy District Attorney Lane Liroff said Friday paramedics did not receive permission to begin treatment at the scene "within a timely fashion." "There's a problem there," Liroff said. Rodolfo "Rudy" Cardenas, 43, was shot last month while fleeing from a state drug agent who mistook him for a violent fugitive parolee. The prosecutor's questions add to the growing concern over the Feb. 17 shooting, which has prompted marches on San Jose City Hall and calls for a rare open grand jury hearing. Liroff would not speculate on where the communication error occurred and did not know exactly how long the medics were kept waiting in a staging area at the scene. "We're trying to reconstruct what happened to get to the bottom of this," said Liroff. Dispatch records indicate that fire and ambulance medics were called at 1:26 p.m. and arrived eight minutes later. It's not clear at what point paramedics were able to begin treating Cardenas. At 1:51 p.m., Cardenas was driven by ambulance to San Jose Medical Center. He was pronounced dead at 1:57 p.m. Family's Claim Cardenas' family, which has filed a wrongful death claim against the state, believes the lack of immediate medical treatment contributed to his death. "There was no excuse for them to not get medical care immediately," said Raul Cardenas, the slain man's older brother, who wonders whether officers let his brother bleed intentionally. "He wasn't dead. He was bleeding to death," he said. Officers routinely secure a shooting scene before allowing paramedics to treat the injured, for the safety of everyone involved. This case was complicated by the fact that there were several law enforcement agencies involved, including San Jose police and state parole and narcotics agents. Sources close to the investigation also say the state agents were not equipped to communicate on police radio, so they were unable to quickly check Cardenas' license plate number to see if they were following the right person. Instead, state agents had to call 911 from their cell phones and be routed through the California Highway Patrol to notify San Jose police of the chase. Hallye Jordan, press secretary for state Attorney General Bill Lockyer's office -- which is conducting its own investigation into the shooting -- said her office could not comment on the case while a grand jury investigation is pending. The California Department of Corrections, which oversees parole agents, and San Jose police had no comment. The state Bureau of Narcotic Enforcement agent involved in the shooting, Michael Walker, 33, was put on routine administrative leave after the incident and has since returned to work performing administrative duties, Jordan said. Cardenas' death marks the second time in less than a year that a fatal shooting by an officer has drawn outrage in San Jose over what critics called a needless use of deadly force. But unlike the July 13, 2003, shooting of Bich Cau Thi Tran, prosecutors quickly voiced concern about the Cardenas case and will once again ask for an open grand jury hearing into the shooting. The jury foreperson and a judge must also agree to open the normally secret proceeding. Tran, shot through the heart by a San Jose policeman after she raised a large vegetable peeler he thought was a cleaver, collapsed on the spot and never regained consciousness. An officer with rescue training checked her moments later and said she had no pulse. Paramedics arrived in six minutes and waited outside another six minutes before being allowed to treat her. But in an open grand jury hearing, a doctor testified it would have made no difference to the mortally wounded woman's fate. While declining to discuss specifics, Liroff said he plans to ask the grand jury to review the conduct of the state Bureau of Narcotic Enforcement, Parole Fugitive Apprehension Team and the San Jose police in the Cardenas case. "The performance of those three law enforcement agencies are going to be evaluated by the grand jury, there's no question about that," said Liroff, who will present the case to the grand jury after it convenes this spring. Day Of Shooting On Feb. 17, several state narcotics and parole agents gathered in unmarked cars near a North 14th Street home hoping to nab David Gonzales, a 37-year-old parolee considered dangerous. At 1:10 p.m., a man they said resembled Gonzales approached in a van. The driver was Cardenas, an acquaintance of Gonzales. The undercover agents followed as the van drove away. At 1:17 p.m., the agents notified San Jose police of their pursuit as they chased the van through several downtown blocks. Cardenas ditched the van in front of Shires Memorial Center at Fourth and St. James streets, running through an alley and hopping a fence as he fled into the building's parking lot. At 1:23 p.m., police reported shots were fired. State agent Walker, a former Watsonville police officer who had worked for the justice department a little over a year, had fired at the fleeing man because Walker feared he was about to be shot, according to police. Police said the fleeing man was carrying something the drug agent thought was a gun but was a digital scale. Cardenas collapsed near a fence after a witness said Cardenas pleaded for officers to hold their fire. It wasn't until after Cardenas was pronounced dead that authorities realized he was not the man they were seeking. At 4:25 p.m., about two hours after Cardenas was shot, state drug agents and San Jose police captured Gonzales near the North 14th Street home where he was staying. Whether faster medical treatment could have saved Cardenas' life can't be determined without knowing more about the nature of his injuries. The Santa Clara County coroner's office has not released its investigation or autopsy reports. John C. Stein, the lawyer representing Cardenas' family in its claim against the state, said that based on his investigation and conversations with trauma surgeons, Cardenas may have lived if he got to the hospital sooner. "They could have saved this guy's life without question," Stein said. - --- MAP posted-by: Jackl