“Unreasonable fear cannot justify the use of deadly force. The use of deadly force must be objectively reasonable and necessary, given the totality of the circumstances. Based upon our thorough and exhaustive review of the facts of this case, it is my conclusion that the use of deadly force by Officer Yanez was not justified and that sufficient facts exist to prove this to be true.”
With this, Ramsey County Attorney John Choi announced on November 16 that he had filed second-degree manslaughter charges and two felony counts of dangerous discharge of a firearm against St. Anthony Police Officer Jeronimo Yanez. The felony counts were for endangering the safety of Philando Castile’s girlfriend and her 4-year-old daughter when Yanez fired into their car seven times, killing Castile, during a traffic stop on Larpenteur Avenue in Falcon Heights on July 6.
After announcing the charges, Choi described the difficult-to-listen-to details of the last moments of Philando Castile’s life as captured by squad car video and audio.
First Choi talked about Yanez radioing his intent to pull over Castile’s vehicle to Saint Anthony Police Officer Joseph Kauser, who was also on patrol in the area. Yanez said to Kauser that the occupants looked like people involved in a robbery and that the driver looked more like one of the suspects “just because of the wide-set nose.”
Castile pulled over to the curb within eight seconds of the activation of Yanez’s squad car lights, and while buckled in his seatbelt he “calmly, and in a non-threatening manner” informed Yanez that he had a firearm, according to Choi’s account of the recordings.
After Yanez’s commands, “Okay don’t reach for it, then,” and “Don’t pull it out,” Choi said that Castile and Reynolds responded that he wasn’t pulling it out, at which point Yanez screamed, “Don’t pull it out,” and fired seven shots in rapid succession in the vehicle. From the pull-over to the time of the shots was a little more than a minute, according to Choi’s account.
“Based upon the evidence, we believe that Castile never removed, nor tried to remove, his handgun from his front right pocket, which was a foot deep,” Choi said. He said that paramedics and officers removed from Castile’s pocket a handgun that contained a loaded magazine, but there was no round in the chamber.
Choi said that Kauser, who arrived at the passenger side of Castile’s car before Castile informed Yanez that he had a firearm, did not see Castile make any sudden movements and was surprised by the gunshots.
Choi’s decision to file charges and not turn over the case to a grand jury came 19 weeks after the shooting and 7 weeks after he received the findings of the investigation conducted by the Minnesota Bureau of Criminal Apprehension (BCA). The BCA investigation was monitored by the U.S. Department of Justice, which, along with the FBI, assisted with the case, Choi said. In July Choi appointed a special prosecutor, former Hamline Law School Dean Don Lewis, to help his team with decisions in the case. He also said he retained a national expert on police procedures and use of force who said that Yanez’s use of deadly force was inconsistent with generally accepted police practices.
When asked after his statement about the level of the charges against Yanez, Choi said that he thought that the second-degree manslaughter charges were the highest provable charges.
An editorial in the Star Tribune said that it is the first time that an officer will stand trial for killing a civilian in 16 years, with over 150 police-involved deaths in Minnesota since then.
At the end of his statement, Choi said that it was important to remember that the allegations still must be proven in court and that Yanez is presumed innocent until he is found guilty beyond a reasonable doubt.
At Yanez’s first appearance in Ramsey County criminal court on November 18, a second court date was set for December 19, and he was allowed to remain free under his own recognizance. No plea was entered; media reports say that his attorney says he will plead not guilty.
Reactions to the charges
“I think we take these small victories and we ride with them,” said John Thompson, a coworker and friend of Castile’s who has been regularly speaking during the community forum part of St. Anthony City Council meetings. “Choi, he made a big stand, man. It was something big, it wasn’t something big for the black community, it was something big for humanity,” Thompson said.
Thompson said that he decided not to attend Yanez’s hearing on November 18, instead choosing to spend time talking with students at Stadium View School, which serves young people in the Hennepin County Detention Centers. “I have to stay focused. I got more I’m trying to accomplish than just Yanez. He’s now in the judicial system. Let it play out,” Thompson said.
A statement issued by St. Anthony Villagers for Community Action (SAVCA), called the evidence described by Choi “upsetting and disturbing,” and the charges “a relief.” SAVCA is a group of St. Anthony and nearby residents who formed in response to the shooting. The group, has been advocating for examination of police practices and efforts to reduce racial bias and promote equity.
“We cannot ignore that the loss of Mr. Castile’s life is not just the grave mistake of one individual, but likely a climate of institutionalized bias and inequity not only within the St. Anthony Police Department, but throughout our nation. We will not prevent unjustified officer-involved deaths going forward until we focus on what is broken in policing practices,” the statement read.
“I think we have a long way to go in gaining recognition by police officials and government officials that systemic racism is a real problem,” said SAVCA member Rossi Cannon. Cannon said that the shooting has been a wake-up call for the St. Anthony Village community.
“I think that there is recognition in the city that this tragedy should not have happened,” she said, then talked about some city efforts since the shooting to recognize and eliminate racial bias, including bias awareness trainings that are required of every person affiliated with the city government – council members, employees, and regular consultants. She also spoke of opportunities for community discussion being planned by a group that includes herself, Council Member Bonnie Brever and the Family Services Collaborative.
Becky Stouten, a 24-year resident of St. Anthony, said that she feels sad for both Yanez and Castile and their families. She said that after the shooting she felt sympathy right away for the police. “It’s a bigger decision than most of us have to make in a quick second…I have an important job, but nothing I do is life-endangering…My job, if I make a mistake, it doesn’t shatter my whole livelihood.”
Stouten, who’s a teacher, said that although some people brought cards and food to the police station, she was a little surprised that there wasn’t even more of a show of support for the police after the incident. She said that her contacts with the police and those of her children at police-youth basketball games have been very positive.
She also spoke of getting to know Kiel Rushton, the St. Anthony police officer who had been incorrectly named as the shooter in the hours after the shooting by a police monitoring web site. Rushton had visited their neighborhood’s Night to Unite gathering in August, where Stouten said they spoke about his family as well as the split-second decision making and stresses of policing.
When asked about what she thought about the possibility that the experience of people of color with the police might be very different than hers, she said, “I think it’s sad. I do feel that if they feel that way and if that is happening, I don’t think that’s fair, either. I do think we need to look at that. It’s always good to get a wake-up call and check procedures and check training.”
Full press conference can be found here: https://www.youtube.com/watch?v=O-auagogrAk