LAKE COUNTY, Calif. – Lake County's district attorney has released a report that concludes the shooting death of an armed man who confronted deputies in a marijuana grow in August was justified.
District Attorney Jon Hopkins issued the report in the death of 51-year-old Juan Sanchez Corona of Michoacán, Mexico, on Friday.
Corona, who was located in a large marijuana garden on Cobb Mountain, is alleged to have raised a SKS semi-automatic rifle toward deputies, according to Hopkins' report.
After Corona was told more than once to drop the weapon, Lake County Sheriff’s Sgt. Chris Chwialkowski shot him twice with a Colt M-4, hitting Corona once in the forehead and once in the neck, the report said.
Hopkins concluded that Chwialkowski's belief that deadly force was necessary to prevent great bodily injury or death was reasonable under the circumstances, and that the shooting was a justifiable homicide.
The full report is published below.
IN THE MATTER OF THE DEATH OF JUAN SANCHEZ CORONA
LAKE COUNTY DISTRICT ATTORNEY’S FINAL REPORT
On August 4, 2010, about 6:30 am, Juan Sanchez Corona was fatally shot near Socrates Mine Road in the Cobb Mountain area of Lake County by Lake County Sheriff’s Office Sergeant Christopher Chwialkowski. The Lake County District Attorney’s Office was contacted and assumed the responsibility for the criminal investigation pursuant to the Lake County Protocol for Law Enforcement Involved Fatal Incidents. At the conclusion of that investigation we have determined that the shooting was justified under the circumstances, based on the appearance that the deceased was about to shoot one or more of the officers who were at the scene. Therefore, no criminal charges will be filed against the officer who shot Mr. Corona.
Mr. Corona was in a very large marijuana garden in the area of the Bureau of Land Management property near the Calpine Geysers plants in the Cobb Mountain area. This same property and other property in the near vicinity had been the location of other illegal marijuana gardens in past years. During 2010, plants were sighted throughout the growing season, along with a person seen digging during one surveillance operation in this area. A team was organized to eradicate the illegal plants and attempt to capture any individuals tending the grow.
Early in the morning of August 4, 2010, the Law Enforcement teams began that operation before dawn. Two teams positioned themselves so that if one team happened upon any people at the grow who attempted to escape, they would be apprehended by the team in the other location. When the teams reached the garden, they attempted to determine if there was a camp associated with the garden, and while observing the area, Team 1 heard a person coughing or clearing their throat. They heard movement of a person and more coughing and waited for a period of time. Team 1, the closest, then began moving in the direction of the sounds and heard and saw a person coming toward them on a path, but he was somewhat obscured by the heavy brush.
Sgt. Chwialkowski was the point person out in front of the other four members of Team 1, and he moved to a position to intercept the man coming towards them. To his left was the Deputy who was handling the K-9 dog and so had no weapon drawn. Slightly behind him was another Deputy with a rifle at the ready, and further behind were the other two members of the team. Sgt. Chwialkowski was armed with a Colt M-4 rifle, which he had at the ready.
When Mr. Corona came into view, the law enforcement team members had no cover, as they were out in the open. Mr. Corona was about 10 feet away with his left side facing the team and Sgt. Chwialkowski called out “Police,” and took a step toward him. All of the law enforcement officers at the scene were wearing military type camouflage uniforms with clearly marked law enforcement identification. When Mr. Corona saw the officers, he turned toward Sgt. Chwialkowski and the Sgt. saw a rifle in his right hand. Sgt. Chwialkowski yelled “Drop the gun, drop the gun” and Mr. Corona began raising the gun as he pivoted toward Sgt. Chwialkowski. Mr. Corona was bringing his other hand up to the gun, and when he brought the weapon up to about thigh or waist high, Sgt. Chwialkowski believed Mr. Corona was going to shoot at them, and fearing for his safety and the safety of his team members, Sgt. Chwialkowski fired two shots at Mr. Corona. No other officers had the opportunity to shoot, and Mr. Corona did not shoot.
Mr. Corona was hit with both shots, once in the right forehead and once in the left neck, and immediately fell to the ground on top of his weapon. He was determined to be dead and no medical treatment was necessary. He was carrying an SKS semi-automatic rifle with one round in the chamber and eight rounds in the magazine. The safety was on.
Each of the other law enforcement officers in Team 1 said that they heard the command to “drop the gun” twice and the word “Police” included. Each of them believed that their own life was danger as well as the others in Team 1 when Mr. Corona turned and raised his gun. No other member of Team 1 believed they were in a position to fire at Mr. Corona, and believed that it was necessary for Sgt. Chwialkowski to shoot Mr. Corona in order to save the lives of the members of Team 1.
Three of the four members of Team 2 heard the command “Police, drop the gun, drop the gun” loudly. The fourth was by a large rock and heard a loud voice that he couldn’t understand, followed by two shots. They were estimating their location as 25 to 30 yards away to 50 yards away from the location of the shooting.
The investigation shows that the belief of the officer that deadly force was necessary to prevent great bodily injury or death was reasonable under the circumstances. This was therefore a justifiable homicide.
November 11, 2010
Jon E. Hopkins
Lake County District Attorney