Attorney general upholds DA's decision in Vista shooting
By: SCOTT MARSHALL - Staff Writer | ∞
NORTH COUNTY -- The district attorney's decision not to file criminal charges against a Vista sheriff's deputy in connection with the fatal shooting of a robbery suspect in 2005 was reasonable, officials from the state attorney general's office said Thursday. 
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The attorney general's findings released Tuesday involved one of five Vista deputy-involved shootings from 2005 that were reviewed in response to a request from two community-based activist groups. A spokesman for one of the groups said questions about deputies' use of force in Vista remain unanswered.
In a 20-page report issued Tuesday, the attorney general's office reached conclusions related to a July 29, 2005, incident in which Deputy Mark Ritchie shot and killed Jorge Ramirez, 26, a documented gang member, during a foot chase less than 10 minutes after a robbery occurred at a Circle K store in Vista's Shadowridge neighborhood. Ritchie filed multiple shots, eight of which struck Ramirez.
Ramirez was the second of three Latino men Vista deputies shot to death in separate incidents within a five-day time span. The shootings sparked protests in Vista, where roughly 40 percent of the city's population is Latino.
The district attorney's office reviewed all three shootings and concluded that the deputies were justified in each one. The activist groups El Grupo and the Coalition for Justice asked the attorney general's office in February to review those three shootings and others.
The attorney general's office announced in May that it had decided four deputy-involved shootings in Vista in 2005 were justified, but it had not yet completed its review of the Ramirez shooting.
In Tuesday's report, the attorney general's office stopped short of saying that it believed Ritchie was justified, but concluded that District Attorney Bonnie Dumanis' decision was a reasonable one under the law.
The attorney general's report about the Ramirez shooting stated that Ritchie fired three sets of shots at Ramirez during the chase, noting that Ritchie did not have his flashlight and his radio was not working properly because it had a weak battery.
The attorney general's office concluded:
-- The first set of 11 shots fired after Ritchie said he saw Ramirez reach for his waistband was justified under the law of self-defense and law that allows the use of deadly force to apprehend a suspect fleeing certain felonies.
-- The second set of five shots, including two that struck Ramirez in the thigh, also were justified based on the same legal standards.
-- The final six gunshots that hit Ramirez in the chest after Ritchie reloaded and after Ramirez had fallen to the ground cannot be justified under the same legal principles.
-- A different area of the law, however, allows for the use of deadly force if an officer's actions are "objectively reasonable" under the circumstances he faces. The district attorney's decision that the situation Ritchie faced was "sufficiently dangerous" to justify shooting Ramirez six more times was "not an abuse of discretion."
Three experts in law enforcement officers' use of force provided their opinions to the attorney general's office, with one saying the shooting was justified, another saying it was not justified, and a third remaining "equivocal," the attorney general's report said.
To file criminal charges against someone, a district attorney has to feel that it is reasonable to expect a guilty verdict at a trial, said Senior Deputy Attorney General Jim Dutton, who described the Ramirez shooting as "the most difficult" of the Vista shootings.
"Under all the circumstances in this case, it would be very difficult to get 12 jurors to say there was a crime here," Dutton said.
Bill Flores, a retired undersheriff who serves as the spokesman for El Grupo, said Thursday that the attorney general's review was "very limited in scope" and the findings were not a surprise. Flores said deputies may be more fearful of Latino suspects and more likely to use force against them as a result.
El Grupo still has unanswered questions about whether sheriff's deputies use force more frequently against Latinos than others that have not been addressed in any reviews of the shootings that have occurred, Flores said.
Senior Assistant Attorney General Louis Verdugo of the attorney general's civil rights enforcement section said Thursday that he has reviewed all of the reports from reviews of the shootings that have been done so far and found nothing else for the civil rights division to look into.
To initiate an investigation, the civil rights section would need to be given "some threshold of evidence to suggest" that Latinos are subject to use of force more often than others, but that has not been presented, Verdugo said.
-- Contact staff writer Scott Marshall at (760) 631-6623 or smarshall@nctimes.com.
On the Net:
http://ag.ca.gov/cms_pdfs/press/2007-07-12_SDOfficerInvolvedShootingMemorandum.pdf
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JA wrote on Jul 13, 2007 4:52 AM:Amazing how they are always reaching for the waistband, I think that one is getting worn out!
Dutch wrote on Jul 13, 2007 6:41 AM:I see that the Attoney General's findings still don't satisfy Flores and El Grupo. Bill said, "Deputies may be more fearful of Latino suspects and more likely to use force against them as a result." How about dropping the race card and replacing the word Latino with "gang members."
What a waste of taxpayers wrote on Jul 13, 2007 8:04 AM:money. Can we recover our costs from these militant mexican rights groups?
Not amused wrote on Jul 13, 2007 8:28 AM:Flores a retired undersherriff and now spokesman or one may now think paid parrot trained to state amusing but potentially harmful snippets, says that Latino suspects are more likely to use force against deputies now. Is that because the checks and balances came into play, but did not go your way? When a decision is reached under our law of the land, and you do not agree you plant a pre defense issue for latinos to use force against lawful authority. Flores should be ashamed of himself. Any good he may have done in his law enforcement career is overshadowed by this disgraceful tone against law enforcement and by planting seeds like this, may increase the danger for law enforcement officers, who already face plenty as it is.
esteban wrote on Jul 13, 2007 8:43 AM:So the final word came in from the investigation....NO CRIME!!!! So now will Jillings and Flores just ... accept the fact that there are ... bad latinos out there? I doubt that they will.
Does this really surprise anyone???? wrote on Jul 13, 2007 8:46 AM:What!!!! To initiate an investigation, the civil rights section would need to be given "some threshold of evidence to suggest" that Latinos are subject to use of force more often than others, but that has not been presented, Verdugo said." What an ridiculous statement. Gee whiz let me think in past reports we find that Deputy Mark Ritchie shot at Jorge Ramirez 22 times while in pursuit. Please tell me just when do we consider the action of a law enforcement officer excessive use of force if this is not enough to be considered as excessive! Well once again the unlawful activities of law enforcement officers are covered up. No surprise here.
esteban wrote on Jul 13, 2007 9:24 AM:This incident has been checked over and over with a fine toothed comb over the course of two years. Ritchie had only seconds to act, while the ivestigators had the luxory of time. The conclusion was a no brainer. The Sheriff has bent over backwards to please these activist groups, and each time the same conclusiion was reached. But I suspect that won't be enough for the racists like Flores and Jillings. I guess the bottom line is: Don't commit armed robberies and you won't get yourself killed. If anyone sides with the crooks here, they've got to get psychological help immediately.
AH wrote on Jul 13, 2007 10:57 AM:JA...It shouldn't be amazing... They don't exactly carry their weapons in their socks and shoes.
etseban wrote on Jul 13, 2007 11:19 AM:This latest finding still will not satisfy the racists. Even though two years worth of investigations, of what Ritchie had seconds to deal with, found him in the right, you will hear outcry of coverups and the like. They wil not be happy until they get someone to say, "The deputy murdered him!!!!" And that will only come from Flores and Jillings.
esteban wrote on Jul 13, 2007 11:27 AM:So then JA, I guess next time you go out to knock over a 7-11, you'll keep your hands away from your waist right?
BJ wrote on Jul 13, 2007 11:37 AM:Maybe an unusual concept these days, but when an officer says "stop" just maybe a suspect should stop and surrender. When is the suspect at least partially held responsible for their actions in the eyes of the public, when they in fact create a dangerious situation that results in deadly force being used by the police.
Paco R wrote on Jul 13, 2007 12:04 PM:I am Mexican, born in Mexico and I speak Spanish. Where are "Latinos" born, and why don't they speak Latin?
hey ja wrote on Jul 13, 2007 12:22 PM:most bad guys carry weapons in their WAISTBAND. it makes it easier to grab a gun to kill a cop.
Recto wrote on Jul 13, 2007 12:32 PM:Paco R....I like it!! Please make no mistake, Jillings and Flores speak for only a very small portion of the Hispanic community. And for the record I use Hispanic here, because I dont thing Flores is of Mexican heritage. Assuming they speak for everyone is like assuming Tom Metzger spoke for the white community. Hopefully the day comes, when they, like Metzger fade off into history. Bigots of any color are not needed here.
Christina wrote on Jul 13, 2007 1:33 PM:Hey Paco: Latin is derived from the Romans who once were a World Power!! They spoke Latin,when their Empire collapsed, so did the Language!! The people they influenced took on languages derived from Latin that are called the five romance languages. Spanish, French, Romanian, Italian, and Portugese. They just call Spaniards, Latinos because of that not because they speak Latin. Have you heard the term Latin Lover?
No Excuse for Deputy wrote on Jul 13, 2007 3:40 PM:I think this says it all: "The final six gunshots that hit Ramirez in the chest after Ritchie reloaded and after Ramirez had fallen to the ground cannot be justified under the same legal principles." I thought the concept was to stop the fleeing suspect so he could be prosecuted - NOT execute him once he's down & you've stopped his flight. Firing 22 rounds is ridiculous - that's 22 chances that Ritchie could have hit innocent bystanders - since obviously he can't shoot worth a darn ...
Alf wrote on Jul 13, 2007 4:08 PM:In Vista, "BJ", there is no such thing as respect for the law, there is no such thing as respect for those charged with carrying out the law. There is only the "I'm a minotity so I don't have to obey "your" laws" sort of BULL DUNG. AND THEN these same people wonder why there is crime? Let them sink into the smelly septic tank of their own making. Alf, the Libertarian.
Pluto wrote on Jul 13, 2007 4:16 PM:Must correct No Excuse on one small point - only sixteen of the shots could have hit innocent bystanders because six were fired straight down into Mr. Ramirez. The report makes Ritchie look like an incompetent idiot, but says it's within the DA's discretion not to charge him with a crime. Hardly a ringing endorsement. One hand (county DA) washed the other (county sheriff) and the AG signed off. If not in court facing criminal charges, Mark Ritchie should at least be off the street.
Ritchie fan wrote on Jul 16, 2007 3:14 PM:To all those who still want the deputies to be blamed for the deaths....AAAAAAAAAAAAAAHAHAHAHAHAAHAHAHAHAHAHAAHAHAHAHAHAAHAAAAAAAAAAAAAAAAAAAAAAAAAAAA!!!!!!!!!!!!!!!!!!!!!!
Hands up wrote on Jul 18, 2007 7:21 AM:They're not reaching into their waistbands....they're trying to keep their baggy pants from falling down.
esteban wrote on Jul 19, 2007 10:38 AM:This is a victory for all cops and law abiders. Racist "activists" will not defeat good.
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