[WATCH] Two Charlotte-Mecklenburg Police Officers Who Killed Man With Hands Up Wont Be Charged


Two Charlotte-Mecklenburg police officers will not be charged after killing a Charlotte man in September who carried an unloaded gun but had his hands raised when he was shot, Mecklenburg County District Attorney Andrew Murray announced Friday.

Courtney Suggs and David Guerra have been on paid administrative leave since Sept. 6, when 29-year-old Ruben Galindo called 911 and was shot by officers responding to his call.

On the night of the shooting, Galindo told dispatchers he was trying to turn himself in for an upcoming court date involving an earlier arrest for pointing a gun at someone. In the 911 call released to the Observer, Galindo tells the dispatcher he has a gun on him, but repeats the phrase “I have no bullets” in Spanish.

In Murray’s report, he ruled Galindo failed to follow officers’ commands to put his weapon down. He also said Galindo was impaired during the encounter. (A toxicology report released Tuesday showed Galindo had a blood-alcohol level of .23 but no drugs in his system.)

“While it is entirely possible that Galindo’s intent was to surrender to police and give them the firearm, other alternatives that could have been lethal to the officers, neighbors in the community or other occupants of the residence were just as likely based on the information available to Officer Guerra in the seconds he had to evaluate the situation,” Murray said. “This officer-involved shooting was indisputably tragic, but it was not unlawful.”

Suggs has been working for the department since December 2014 and Guerra was hired in April 2013.

The police officers’ attorneys welcomed the decision, and said it was supported by fact, including Galindo’s refusal to put down the gun, his apparent drunkenness and that he had his upcoming court date.

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