Hayward police officers cleared in deadly shooting of Agustin Gonsalez

HAYWARD, Calif. (KTVU) - The Alameda County District Attorney's Office  has decided it will not charge two police officers involved in the deadly shooting of Agustin Gonsalez in Hayward.

The  decision to clear the officers comes six months after the shooting. The DA's report, which is 30 pages long, says the investigation focused on whether there is sufficient evidence to prove beyond a reasonable doubt that a law enforcement official committed a crime in connection with the shooting death. DA Nancy O'Malley said no.

But the man's parents disagree. On Tuesday, they told KTVU their son's death was avoidable. 

Family members met with their attorneys to read the district attorney's final report on the deadly police shooting of the 29-year-old.  In the report, O'Malley concluded that the evidence does not support criminal charges against the two veteran police officers.

"Just reading this whole article just makes me more angry," said Karla Gonsalez, the man's mother.  

 The report found that Gonsalez was suicidal, that he advanced on officers with the intention of getting them to shoot and kill him. It cited evidence, including a text message Gonsalez sent on the day of the shooting,  He wrote in part, "I've surrendered myself to the devil and gave in.....I'm dead inside so I'm not sorry for the outcome." 

"No, deep down inside, it was a call for help," said Karla about her son, "It's not a reason for a police officer to come and kill them. It doesn't give them the place of god to take their life," 

 Hayward Police have released body cam video of the incident on November 15, 2018.

Police responded to a 911 call about a disturbance.

Officers say they found Gonsalez making slashing motions with what appeared to be a knife or box cutter which was later determined to be a razor blade. 
 
"To me,  it's just more anger now. It still opens up even more questions, " said Agustin Gonsalez, the man's father who shares the same name. 
   
The district attorney's report  says that the two officers fired a total of 12 shots, that one officer said he fired his gun "because he believed that Mr. Gonsalez had a deadly weapon and was about to stab him."

It also states that police are often forced to make split-second judgements and this was such a circumstance. 

Hayward Police call the death a tragedy and say their hearts go out to Gonsalez's loved ones.

It says  the department is conducting its own internal affairs investigation and cannot comment further.

"I'm still going to fight for justice for my son and fight for an independent investigation," said Karla who questions the independence of the work because of the working relationship between the district attorney's office and the police. 

"I would do anything to have my son back with us," said Karla. 

Attorneys for the family are asking the U.S. and State Attorney General offices to investigate this case.

The family has filed a civil lawsuit, demanding that Hayward Police enforce de-escalation tactics.