Ex-state Justice Reynoso to lead probe of Woodland farmworker's killing

Ex-state Justice Reynoso to lead probe of Woodland farmworker's killing
hsangree@sacbee.com - Published Thursday, Sep. 10, 2009

A citizens panel headed by former state Supreme Court Justice Cruz Reynoso plans to examine the April killing of Woodland farmworker Luis Gutierrez by sheriff's deputies, Reynoso and supporters announced Wednesday on the Capitol steps.

Reynoso, who was vice chair of the U.S. Commission on Civil Rights from 1994-2004, said the panel was needed because of the close-knit nature of Yolo County law enforcement and what he called a lack of responsiveness by elected leaders.

"Nothing supplants the power of citizens looking at the actions of public officials," he told a few dozen activists and onlookers.

Hours earlier, Yolo County District Attorney Jeff Reisig said his office had completed its investigation of the shooting that sparked community outcry. Reisig forwarded the results – which he said would remain confidential for now – to the state attorney general's office for review. Reisig also said his office had asked the FBI to conduct an independent investigation.

"We're absolutely committed to transparency in this process as much as the law allows," Reisig said. "I invite review by any and all agencies in the system."

He said he didn't have enough information to comment on the activities of Reynoso's group.

Gutierrez's parents attended the Capitol event Wednesday.

The 26-year-old farmworker's father – Jose Santos Gutierrez – wiped away tears and said he despaired of ever finding out the truth about what happened to his son on April 30 but hoped the citizens' review might shed some light.

"For me and my son it will not be useful," he said in Spanish. "My son will not return. But what we're doing is no longer for my son, but for the rest of the nation, for all the children and teenagers."

"You can't just kill for the fun of it," he said. "My son was killed for fun. For entertainment."

Officers said they stopped Luis Gutierrez at about 2 p.m. as he was walking home from the Department of Motor Vehicles after passing his driver's license test.

Three undercover gang-suppression officers, dressed in plainclothes and driving an unmarked car, approached Gutierrez on a freeway overpass to question him about gang activities, according to Yolo County Sheriff Ed Prieto.

Prieto said the shooting occurred after Gutierrez ran from the deputies, then turned and lunged at one with a 4-inch folding knife.

Court documents in the case said Gutierrez was struck in the back of the neck and that deputies fired a half dozen shots.

Later, an autopsy report said Gutierrez had enough methamphetamine in his system to cause "violent and irrational behavior."

Gutierrez's family has questioned the official account, saying he was a homebody with no gang ties or criminal record.

The case provoked questions and outrage in Woodland and throughout the region. Many wondered whether Gutierrez understood the men in street clothes chasing him were law enforcement officers.

Woodland police investigated the incident's criminal aspects and forwarded their findings to the District Attorney's Office.

Prosecutors conducted their own investigation and reviewed reports from the Police and Sheriff's departments, Reisig said.

Reisig said that the attorney general's office has been involved in the case from the start at his request. The review of the case will not be complete until state prosecutors have their say, he said.

"Before any findings are released the attorney general has to weigh in," Reisig said.