Ramsey County Attorney John Choi filed charges Wednesday against a St. Anthony police officer in the fatal shooting of Philando Castile, whose death was broadcast live on Facebook.
Choi said he concluded that the “use of deadly force by Officer [Jeronimo] Yanez was not justified.” Yanez was charged Wednesday with second-degree manslaughter and two felony counts of dangerous discharge of a firearm for shooting seven times into Castile’s vehicle during a traffic stop.
The news was met with tears from activists who gathered in Choi’s lobby, and praise from Castile’s family members who spoke at a Wednesday news conference.
“We want peace,” Castile’s mother, Valerie Castile, said.
The director of the state’s police officers association called the charges “disappointing” and called for the public to refrain from judging Yanez.
Yanez fatally shot Castile, 32, on July 6 during a traffic stop in Falcon Heights. The officer had pulled Castile over because he thought Castile matched the description of a suspect in a gas station robbery, according to the charges against Yanez.
Castile, who the investigation showed had nothing to do the robbery, informed Yanez that he had a gun in his possession. A Facebook Live video recorded by Castile’s girlfriend, showing him bleeding in the car while the officer held them at gunpoint, has been viewed millions of times around the world, and touched off widespread outrage and protests over several years of police killings of black men.
“To those of you may say this incident was Philando Castile’s fault, I would submit that no reasonable officer — knowing, seeing and hearing what officer Yanez did at the time — would have used deadly force under these circumstances,” Choi said at a morning news conference announcing the charges. “I have given officer Yanez every benefit of the doubt on his use of deadly force, but I cannot allow the death of a motorist who was lawfully carrying a firearm under these facts and circumstances to go unaccounted for.”
In an interview with the Minnesota Bureau of Criminal Apprehension (BCA) the day after the shooting, Yanez provided information that was “inconsistent” with statements immediately following the incident, Choi said.
“Officer Yanez said that as Castile was reaching down to his right, Castile turned his shoulder, kept his left hand on the steering wheel and then canted his upper body, blocking Officer Yanez’s view of his right hand,” Choi said, recounting Yanez’s statements to the BCA. “At that point, officer Yanez articulated that he was scared for his life and that of his partner.
“Officer Yanez’s verbatim statement, included in the criminal complaint, is inconsistent with the statement he made immediately following the incident in which he stated he never saw or knew where the gun was.”
Yanez fired seven times at Castile a minute after he had stopped Castile.
“Philando Castile was not resisting or fleeing,” Choi said. “There was absolutely no criminal intent exhibited by him throughout this encounter. He was respectful and compliant based upon the instructions and orders he was given. He volunteered in good faith that he had a firearm, beyond what the law requires. He empathically stated that he wasn’t pulling it out. His movement was restricted by his own seat belt.”
There is no evidence that Castile pulled or attempted to pull his gun out of his foot-deep pocket, Choi said.
The second officer at the scene, Joseph Kauser, was cleared of any wrongdoing, and told investigators that he was “absolutely” surprised when Yanez fired his weapon. Kauser was standing on the sidewalk on the passenger side of Castile’s vehicle while Yanez stood at the diver’s side door. Kauser told investigators that Yanez did not inform him that Castile had a gun.
An attorney for Yanez, Thomas Kelly, has not responded to the Star Tribune’s requests for comment.
Attempts to reach Yanez through listed phone numbers for him were not successful. No one answered the door at listed addresses for him.
Yanez had returned to duty on Aug. 17, but was placed back on paid administrative leave after public outcry. St. Anthony police Chief Jon Mangseth confirmed Wednesday that Yanez’s employment status hasn’t changed.
The city of St. Anthony posted a statement on its website Wednesday addressing the news.
“We are unaware of any additional facts beyond those that have been publicly reported,” the statement said. “We have confidence that justice will be served. Out of respect for the judicial process, the City intends to refrain from making any comments that could hinder a fair and impartial determination. We reaffirm our commitment to help heal this painful community experience through community engagement and continuous efforts to create positive change.”
St. Paul Mayor Chris Coleman issued his own statement as well. Although Castile wasn’t killed in St. Paul, the capital city served as the main backdrop for multiple protests in the wake of Castile’s death, including a July 9 demonstration on Interstate 94 that drew about 500 people and blocked traffic in both directions.
llery: Officer charged in Philando Castile shooting
“[Choi] has made one of the hardest decisions a prosecutor has to make,” Coleman said. “While I have not reviewed the evidence he and his team analyzed, I am confident that his decision was grounded in a thorough investigation of the facts and a deep commitment to upholding his public responsibility.”
Gov. Mark Dayton also weighed in. Demonstrators camped outside of his residence for days following Castile’s death.
“Today’s announcement by Ramsey County Attorney John Choi is an important step toward the determination of justice in this awful tragedy,” Dayton said in a written statement. “I commend the County Attorney for his careful review; the judicial process must now resolve the proper outcome.”
Choi met with Castile’s mother, sister and their attorney Tuesday night.
Castile’s family held their own news conference Wednesday afternoon, saying that the judicial process will take a long time, and that they “prefer it to be thorough than fast.”
Valerie Castile thanked Choi for his decision and said the family was pleased with it. She said her family does not want “any protests to get out of hand.” Relatives asked for peace during this time. A “unity rally” was scheduled for 6 p.m. Wednesday at J.J. Hill Montessori Magnet School in St. Paul, where Castile worked in food service.
The family’s attorney, Judge Glenda Hatchett, called the charges a “historic” development for Minnesota.
“We see this as a stake in the ground that we are sending a clear message that things must change in this country,” Hatchett said.
Ramsey County Attorney John Choi announced that officer Jeronimo Yanez will face three charges in the fatal shooting of Philando Castile on July 6. "No reasonable officer would have used deadly force under these circumstances, " Choi said during a press conference Wednesday, Nov. 16, 2016, at the Ramsey County attorney general's office in St. Paul.
The decision to charge Yanez is “an important signal” to the black community that there is accountability, she said.
Fatima Lawson, principal of J.J. Hill, issued an email letter to parents Wednesday afternoon about the charges.
“This news, while welcome to many, may bring strong emotions to students, staff and community members who knew and cared for Mr. Phil,” said Lawson’s letter. “Our counselors are available to talk with students, family members and staff as needed.”
Earlier in the day, activists and a few of Castile’s friends rejoiced at the news in the lobby of Choi’s office.
“We’ve had a number of heartbreaks,” said Jason Sole, president of the Minneapolis NAACP. “…To have Choi actually give words and … express truth to power, I think that’s all we can ask for right now.”
Before Yanez, no officer had been charged in more than 150 police-involved deaths in Minnesota since 2000. Yanez was summoned to make his first appearance in Ramsey County District Court at 1:30 Friday.
Choi said the charges were filed following 19 weeks of investigation and a review of the dashcam footage and audio footage taken during the shooting.
During a news conference Wednesday, Choi said that Yanez and Kauser pulled Castile over the night of July 6 because he matched the description of a robbery suspect, and Yanez noted his “wide-set nose.”
St. Anthony officer Jeronimo Yanez fired the shots that killed Philando Castile during a traffic stop.
Castile immediately complied with the stop, Choi said. Dashcam video and audio captured the next “critical minute,” Choi said.
Yanez said he was aware that Castile was buckled in his seat belt. He described Castile as initially having his left arm over the steering wheel with both hands in view. Yanez and Castile exchanged greetings, and Yanez told him about a broken brake light. Yanez asked Castile to produce his driver’s license and proof of insurance. After Castile provided him with the insurance, “Castile then calmly and in a nonthreatening manner said, ‘Sir, I do have to tell you that I have a firearm on me,’ ” Choi said.
Yanez replied OK, then placed his hand on his gun, according to Choi.
Yanez said “Don’t reach for (the gun),” Choi said.
Castile responded, “I’m not pulling it out.”
Yanez screamed “Don’t pull it out,” then with his left hand reached inside the vehicle. Yanez withdrew his hand, then fired seven shots in rapid succession.
The final shot was fired at 9:06 p.m.
Castile’s final words, Choi said, were “I wasn’t reaching for it.”
Philando Castile was fatally shot by police July 6 during a traffic stop in Falcon Heights.
“His dying words were in protest that he wasn’t reaching for his gun,” Choi said. “There simply was no objective threat posed to Officer Yanez.”
Yanez told investigators he feared for his life, according to the charges.
“And I don’t know where the gun was, he didn’t tell me where the [expletive] gun was and then it was just getting hinky, he gave, he was just staring ahead, and the I was getting [expletive] nervous, and then I told him, I know I [expletive] told him to get his [expletive] hand off his gun,” Yanez told a St. Anthony police officer minutes after the shooting.
In an interview with the BCA the day after, Yanez said that Castile had an object in his hand.
“But I, I know he had an object and it was dark,” Yanez said, according to the charges. “And he was pulling it out with his right hand. And as he was pulling it out I, a million things started going through my head. And I thought I was gonna die. And, I was scared because, I didn’t know if he was gonna, I didn’t know know what he was gonna do.”
Choi’s office has been reviewing evidence in the shooting since Sept. 28, when the Minnesota Bureau of Criminal Apprehension handed him its findings. Choi said Wednesday he chose to make the decision on charging himself, rather than turning the case over to a grand jury.
In explaining how Yanez’s actions did not meet the legal standard for justified use of deadly force, Choi said “it is not enough ... to express subjective fear of death or great bodily harm.”
The charges come a year and a day after Minneapolis police fatally shot Jamar Clark, a case that Choi has used as guidance in his handling of the Castile shooting. Choi has noted that Hennepin County Attorney Mike Freeman reviewed evidence in the Clark case for seven weeks before deciding that the officers should not be criminally charged in Clark’s death. Freeman did not take the Clark case to a grand jury, going against long-held practices in Minnesota.
The American Civil Liberties Union of Minnesota commended Choi’s decision, but noted that there was still much work to do in mending trust between the community and law enforcement.
“Despite the charges against Officer Yanez, we remain deeply concerned about the safety of our communities of color, here in Minnesota and across the nation,” said Charles Samuelson, executive director of the ACLU of Minnesota. “The officers who neglected to render immediate aid when Castile was bleeding to death and the officer who referred to Castile’s ‘wide set nose’ as evidence of guilt reek of racial bias. As is evident in Philando Castile’s case, people of color are all too often seen by police as a threat simply because of the color of their skin.”
Staff writers Liz Sawyer and Brandon Stahl contributed to this report.
Police officer charged in fatal shooting of Philando Castile
16 years, 150 deaths, not 1 charged until now
