By Michael Gordon
The Charlotte Observer
CHARLOTTE, N.C. — Newly released video of the September police shooting of Rueben Galindo shows the Charlotte man exiting his apartment with his hands raised above his head seconds before officers fatally shot him.
Between three and four seconds elapse from when Galindo appears at his doorway, Charlotte-Mecklenburg police officers begin to shout orders for him to drop his weapon, and a series of gunshots ring out, the videos show.
The 29-year-old then slumps to the ground outside his northeast Charlotte apartment, 13 seconds after one of the approaching officers first called out his name.
While police Chief Kerr Putney on Friday continued to defend his officer’s decisions to shoot Galindo, a national expert in police shootings who viewed the videos at the request of the Charlotte Observer, called the footage “troubling,” and said that Galindo appeared to be trying to comply with two separate police orders — drop it and throw it down — when he was shot.
“In and of itself, the video does not show that the officers are legally justified to shoot,” said Phil Stinson, a criminal justice professor at Bowling Green State University and a former law enforcement officer who tracks police shootings around the country.
“Without legal justification you’re left with either murder or manslaughter. This one, I’ve watched it a dozen times and I question whether a murder has been committed.”
Putney told the Observer on Friday that videos never tell the whole story of what officers perceived at the time.
Officers have limited options when facing a lethal threat, the chief said, and have to think about saving their own lives and the lives of other people.
“I’m not going to second-guess how (officers) perceive a lethal threat,” he said.
However, a Charlotte activist described the video of Galindo’s death as “horrific,” and called on city leaders to provide justice to the dead man’s family.
“We have a man who had his hands up for a full four or five seconds before police shot him,” Hector Vaca, Charlotte director of the nonprofit Action NC, told the Observer. “It is obvious he was complying with directives from police. What we need now is justice. We need CMPD to take responsibility for their officers’ actions.”
Galindo’s widow, Azucena Zamorano Aleman, said in a statement that the videos confirm what the family already knew. “This is a tragic loss. This was avoidable … Rueben was seeking help … Despite prior statements, Rueben’s hands were in the air,” she said.
“We will work with authorities to ensure a thorough investigation is concluded so that justice can be achieved for Rueben.”
Per department rules, Courtney Suggs and David Guerra, the two officers who shot Galindo, remain on administrative leave pending an internal investigation.
The shooting remains under investigation by Mecklenburg County District Attorney’s Office. In a statement Friday, an office spokeswoman said the videos were shown to Aleman and a family friend before they were released to the public. Prosecutors only received the full investigative case file this week, the statement said. Prosecutors said they hope to complete a review of the shooting within 90 days. The spokeswoman would not answer Observer questions.
Guerra’s attorney, George Laughrun, said Galindo posed a direct threat to his client and the other officers, and that he had pointed his gun in the officers’ direction.
Asked if he thought Guerra had done anything wrong, Laughrun said, “Knowing what the law is, knowing what he was faced with, the answer is no, emphatically no.”
Earlier on the night of Sept. 6, Galindo had called 911 to say in Spanish that he had a gun and wanted to turn himself into police for an upcoming court date. He also said repeatedly that his gun was unloaded. “No tengo balas,” Galindo said, meaning, “I have no bullets.”
But recordings of the 911 call and other communications reveal Galindo declining several dispatcher requests to put the weapon away before police arrive.
Recordings also reveal that the dispatcher told responding officers that Galindo did not want to put the weapon down but that he maintained it was empty. Police also knew of Galindo’s arrest in April when he was accused of assault by pointing a gun.
CMPD says Galindo had the weapon in his left hand when he exited the apartment. The handgun is not clearly visible in the series of released videos. Putney later said the gun recovered at the scene was empty.
One of the body-camera videos released Friday reveals the emotional aftermath of the shooting. A woman and several children leave the home through a line of police. All appear to have their hands raised.
Inside the apartment, an officer, gun drawn, climbs the stairs to find a toddler in a second-floor bedroom. The child raises his arms, then begins to shriek. A female officer appears to take the child in her arms and carry him out of the house.
Suggs’ attorney, Michael Greene, said Friday that his client and Guerra “perceived an imminent threat to themselves and the other officers on the scene” while also being concerned “for the hundreds of individuals in the apartment complex.”
Nothing from the officers’ knowledge of Galindo or his 911 calls led police to think Galindo would be cooperative, Greene said. “There was also no way to verify that Mr. Galindo’s gun had no bullets as he would not voluntarily surrender it. The body worn camera captures only a piece of the whole story.”
©2017 The Charlotte Observer (Charlotte, N.C.)