Pubdate: Wed, 14 Dec 2005
Source: San Jose Mercury News (CA)
Copyright: 2005 San Jose Mercury News
Contact:  http://www.mercurynews.com/
Details: http://www.mapinc.org/media/390
Author: Yomi S. Wronge, staff writer
Bookmark: http://www.mapinc.org/find?246 (Policing - United States - News)

JURY ACQUITS AGENT IN S.J. SHOOTING

At first, half the jurors who acquitted state drug agent Mike Walker
of manslaughter Tuesday thought the state narcotics agent might be
guilty of a crime. But eventually they all agreed he was justified in
shooting Rodolfo ``Rudy'' Cardenas because he felt threatened.

The verdict, which prompted a brief scuffle outside the courthouse
between law enforcement officers and protesters, angered Cardenas'
family and local civil rights activists. The state attorney general
and other law enforcement officials said the jury had justly supported
an officer involved in a split-second decision during a chase in
downtown San Jose in February 2004.

``Frankly I just think it was an `honest mistake,' but at what point
does an honest mistake become a felony? That's what we wrestled
with,'' said jury foreman Mike Krey, a 51-year-old journalist from
Campbell.

Krey said Walker's insistence that he saw a gun in Cardenas' hand --
even though one was not found -- was the biggest factor in convincing
jurors he genuinely believed he was threatened.

The six-man, six-woman jury deliberated for a little more than two
full days before reaching their verdict in the first case involving a
California state drug agent charged with killing someone in the line
of duty.

Walker's reaction ``came across as very believable and very honest, of
a person who thought he was in imminent danger and fired for a
reason,'' Krey said.

The verdict stung Cardenas' family members and supporters, who were in
tears as they bolted out of Superior Court Judge Rene Navarro's San
Jose courtroom.

``I was expecting him to be found guilty,'' said Cardenas' daughter,
Regina Cardenas, as she tried to regain her composure outside the
courthouse.

Walker, 34, left by a back exit and did not give a public statement.
But his attorney, Craig Brown, said the former Watsonville patrolman
was ``very relieved,'' and hailed the verdict as a victory for every
man and woman who wears a badge.

Cesar Sanchez, a Bureau of Narcotics Enforcement agent who
participated in the pursuit and testified reluctantly for the
prosecution, stood near the back of the crowded courtroom with tears
in his eyes.

Outside, emotions boiled over and a brief but raucous scuffle ensued
in front of the courthouse.

As Brown tried to address reporters after the verdict, more than a
dozen protesters, some carrying signs bearing photos of a smiling
Cardenas, encircled him screaming ``no justice, no peace'' and
``murderer.''

Sheriff's deputies and plainclothes Department of Justice agents then
tried to form a human barrier between Brown and the angry group. At
one point, the officers attempted to herd the protesters toward the
sidewalk. One protester, a woman, was pushed or fell to the ground and
could be heard shouting, ``Get your hands off me.''

At that point, a sheriff's sergeant told the officers to stop. There
were no arrests or injuries.

Later Tuesday evening, more than 50 people remembered Cardenas at a
quiet candlelight vigil outside the parking lot where he was shot.

On Feb. 17, 2004, state agents were asked to assist in doing
surveillance on David Gonzales, a parolee with alleged gang ties who
had failed to report a change of address. As they staked out a
location on 14th Street, Cardenas drove by and caught Walker's
attention. Walker followed him, believing he was the target, and a
wild vehicle pursuit ensued.

Walker caught up with the 43-year-old father of five at a North Fourth
Street retirement home, where Cardenas ditched his van, fled down an
alleyway and scaled a chain-link fence. Walker followed and, stopping
at the fence, shot the man in the back.

Deputy District Attorney Lane Liroff called Walker a ``cowboy'' cop
and urged jurors to hold him accountable for reckless and brash
behavior that led to the death of an innocent man.

After the verdict, he said the case was a long shot from the start.
``He was a police officer and it's an unfortunate reality that jurors
are going to be more indulgent of a police officer,'' Liroff said.

Krey, the jury foreman, who works for Investor's Business Daily, said,
``The prosecution made a great case and got me to the tip of the
mountain, but not over the top.

``There had to be something that made Walker feel like he was in
danger,'' Krey said. ``Did it happen or not? I guess when all's said
and done only agent Walker knows that, and he has his own conscience
to deal with.''

Although the trial featured some San Jose police officers as
prosecution witnesses -- San Jose police deemed the pursuit too
dangerous to join -- the message from local police Tuesday was one of
solidarity with Walker.

``When it comes right down to it the consequences are dire, but in
this case any reasonable officer would have made the same decision.
You are out there in fear of your life,'' said officer Bobby Lopez,
incoming president of the San Jose Police Officers'
Association.

The case drew outrage from a cross-section of the community,
particularly because Cardenas' killing came on the heels of another
controversial police shooting.

Eight months earlier, a San Jose officer shot a Vietnamese woman, Bich
Cau Thi Tran, as she stood in her kitchen with an Asian vegetable
peeler in her hand. The officer said he feared the hysterical Tran,
who had a history of psychiatric problems and had been prescribed
medication. An open grand jury hearing was held, but the officer was
not charged. The family in November settled a civil suit against the
officer for $1.8 million.

Richard Konda, executive director of the Asian Law Alliance and the
Coalition for Justice and Accountability, called the outcome of the
Walker trial perplexing.

``It seems to me that there are two different kinds of justice systems
here: one for police, one for the common person,'' Konda said. ``I
can't recall an instance locally where a police officer has been held
accountable for his or her criminal actions.''

Walker, who is on paid administrative leave, still faces two civil
lawsuits filed by Cardenas' family.

Attorney General Bill Lockyer released a written statement on the
verdict, adding his office would have no further comment because of
the pending litigation.

``The death of Rodolfo Cardenas was a tragedy, and my sympathies go
to his family. But the jury reached the correct verdict in acquitting
special agent Mike Walker,'' Lockyer said.
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