No charges against Sunnyvale officer in deadly shooting of teen

SUNNYVALE, Calif. - A Sunnyvale police officer will not be criminally charged for fatally shooting a 19-year-old man who was armed with a kitchen knife, Santa Clara County prosecutors said Friday.

Officer Kevin Lemos was legally justified in shooting Emmanuel Perez Becerra at a mobile home park in March 2024, said Deputy District Attorney Rob Baker.

Review of evidence

What we know:

Prosecutors reviewed body-camera video and cell-phone video in reaching their decision.

Lemos is heard on body-camera video repeatedly telling Perez Becerra - who was naked from the waist down - to drop the knife, which had a 7-inch blade.

"I'm telling you, stop right now! I'm going to shoot you if you don't stop! Stop right there!" Lemos says as the teen continues walking toward him. Moments later, the officer fires two shots.

Authorities said Perez Becerra called 911 on himself and later forced the officer to shoot him despite repeated warnings for the teenager to stop. Prosecutors said Perez Becerra had been struggling with depression and schizophrenia for years.

Adante Pointer, an attorney who filed a federal civil rights lawsuit on behalf of the teen's parents against Sunnyvale last month, said Friday that he disagrees with city's contention that this was "suicide by cop."

There's no evidence to support that," Pointer said. " That is an uncorroborated and unsupported assumption made by the police to justify their actions, trying to retrofit what they did."

Pointer added, "Opposed to an officer trying to provide assistance to a young person who's in crisis, they shot their way out of a situation."

The attorney said police should have used other tactics in dealing with the teenager.

"He was in a mental health crisis, OK?" Pointer said. "That happens every day. You're just not supposed to die, when you're in one and you're looking for help."

City response to lawsuit

What they're saying:

In a court filing last week, attorneys for the city denied the allegations in the lawsuit.

But they wrote, "The knife-possessing Mr. Perez Becerra quickened the speed with which he was approaching Ofc. Lemos. Further admitted that only after all these actions by Mr. Perez Becerra, and in response to this deadly threat, Ofc. Lemos fired two shots in self-defense and/or defense of others."

The department said Friday that it takes any loss of life "very seriously" and acknowledged the DA's findings that supported the officer's actions. Lemos has since returned to full duty.

Henry Lee is a KTVU crime reporter. E-mail Henry at Henry.Lee@fox.com and follow him on Twitter @henrykleeKTVU and www.facebook.com.henrykleefan

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