Home » Santa Clarita News » Crime » D.A. Clears Deputy In Fatal Shooting Last January

D.A. Clears Deputy In Fatal Shooting Last January

Officials with the county’s District Attorney’s Office cleared a Santa Clarita Valley Sheriff’s Station deputy Thursday in a fatal shooting last January.


Sponsored Articles


Don’t miss a thing. Get breaking KHTS Santa Clarita News Alerts delivered right to your inbox.

The report, posted Thursday, is part of the county’s monthly reporting of officer-involved shooting investigations, which are investigated as a matter of procedure.

Sheriff’s Department detectives made their determination in looking at investigative reports, audio recordings of interviews, the autopsy report, crime scene diagrams and sketches, photographic evidence, and witness statement, including a statement by the deputy involved, Nathan Gillespie.

“We have concluded that Deputy Gillespie acted lawfully in self-defense,” according to a statement by LADA Jackie Lacey.

The shooting took place Jan. 14, 2016, as Gillespie was working as a patrol officer in a one-man marked patrol vehicle in Canyon Country.

The previous day, patrol deputies were alerted to a case involving an outstanding road rage suspect sought for questioning, after a motorist reported a man pulled a gun and fired at the victim from a two-toned, white-and-tan Lexus sedan.

Gillespie, believing the car matched the description of the suspect, followed the vehicle and attempted to effectuate a traffic stop using his lights and fog horn.
The driver of the Lexus, later identified as Miguel Hernandez, turned on his signal as if to turn into a parking lot entrance of a townhouse, then turned the signal light off and continued proceeding forward. Hernandez turned on his signal light again but failed to turn an additional two or more times, according to the D.A.’s report.

When Hernandez reached Nathan Hill Road, he turned left (west) and pulled his vehicle over to the north curb line. Gillespie stopped his patrol car offset to the driver’s side in close proximity to the rear of the Lexus. Gillespie quickly exited his patrol car with his duty weapon in his right hand, pointed at the Lexus. Gillespie ordered Hernandez to turn off the vehicle engine as Gillespie approached the front bumper of the patrol car.

Hernandez suddenly exited the driver’s side door of the Lexus, with only the left side of his body visible to Gillespie. Gillespie ordered Hernandez to show him his hands. Hernandez did not comply. Gillespie could see Hernandez’ left hand, but his right hand was concealed and moving in the area of his right hip/waistband. Hernandez was wearing baggy clothing, and had what appeared to be gang tattoos on his head, which was shaved.

Hernandez’ appearance, demeanor and actions, as well as the vehicle he was driving, caused Gillespie to believe that Hernandez was the suspect from the shooting the day before.1

Gillespie continued to order Hernandez to show him his hands. Hernandez did not comply, and quickly turned towards Gillespie while moving his right hand. Fearing that Hernandez had retrieved a gun and was about to shoot him, Gillespie fired one round from his service weapon, striking Hernandez in the left shoulder.2 Hernandez fell face-first to the ground. As Gillespie moved to Hernandez to handcuff him, he noted that the windows of the Lexus were tinted. Upon reaching Hernandez, Gillespie placed his knee on Hernandez’ back and handcuffed him. Gillespie did not see any object in Hernandez’ right hand. Gillespie then radioed for assistance.

Hernandez was transported to the hospital, where he was later pronounced dead.

Deputy Medical Examiner Yulai Wang performed an autopsy and attributed the cause of death to one gunshot wound to the left shoulder which perforated both lungs.

The Hernandez family filed a lawsuit alleging deputies conducted a traffic stop for “no apparent reason.”

Subsequent investigation was unable to prove or disprove whether Hernandez was, in fact, involved in the assault the day prior.

Hernandez did have a warrant for his arrest for a parole violation. He refused to make any statement to investigators on multiple occasions.

Toxicology testing done as part of the autopsy revealed marijuana, amphetamines and methamphetamine in Hernandez’ blood samples at the time of his death.

 

KHTS AM 1220 - Santa Clarita Radio

D.A. Clears Deputy In Fatal Shooting Last January

9 comments

  1. Deputy is a totally incompetent. The DA and this rigged system is total BS I’m so frekn angry, this story is totally buried

    • jo l. If your just venting, ok. But if you are trying to make an argument here, what is it specifically? Many of us would be interested in hearing the other side. It’s always unfortunate when any life is lost but based solely on the info in this story it sounds like reasonable, though unfortunate, use of force. I for one want to understand.

    • Hernandez exhibited an escalation of aggressive and non-compliant behaviors.
      He refused to comply with the deputy’s orders during the stop and after.
      He acted in the manner of a person with a firearm– and being a multiple felon and gang member, he knew darn well what he was doing and what the result might be.
      He had meth, amphetamines, and marijuana in his blood.
      He had gang tattoos visible on his neck and shaved head.

      Hernandez was a thug.

      Did he deserve to die? That’s not the issue. The fact is this: He made the choices that led to his death– not the deputy. His life was filled with really bad choices. And those choices have terrible consequences.

      You don’t want to get shot? Then do the opposite of Hernandez– both in a traffic stop, and in all your life decisions prior. Don’t be That Guy.

      Behaviors have consequences.
      Good behaviors = good consequences
      Bad behaviors = bad consequences.

      • I seen a homeless man shot who clearly has his hands by his side. As he was walking neither the supervising deputy or the rookie said a damn thing to him and shot him point blank. The homeless man had been bullied by deputies prior to this and the town knew it.
        Yes he was an addict but never had any illegal firearms charges or charges that pertained to violence of any sort.
        Hmmm…wonder how.that will play out? There.was definitely fault on.the deputies that acted out in such hate. They definitely had it out for homeless man..

  2. Hernandez could have avoided being shot if he had obeyed the officer. Our deputies have to protect themselves.

    • Do we now live in a society where we serve the police? I think not, we hired them to serve us. Yes, they must protect, they do not carry guns for your protection.

  3. Please excuse my typos.

  4. Remember they are trained or taught to shoot and kill or shoot and stop as they call it. So just do what they say or they will shoot you. On a different note I believe officers, fire men, doctors and judges all workers that hold your life or freedom in their hands need to be tested for all substances before starting their shift to make sure their decision making is not impaired whatsoever. I have seen some of these people on occasion drinking alcoholic beverages at get togethers and going to work the next day. If the home depot does random checks so should the city.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

This site uses Akismet to reduce spam. Learn how your comment data is processed.

About Perry Smith

Perry Smith is a print and broadcast journalist who has won several awards for his focused, hyperlocal community coverage in several different regions of the country. In addition to five years of experience covering the Santa Clarita Valley, Smith, a San Fernando Valley native, has worked in newspapers and news websites in Los Angeles, the Northwest, the Central Valley and the South, before coming to KHTS in 2012. To contact Smith, email him at Perry@hometownstation.com.