Partial Transcript from the Coroner’s Inquest into the Death of Andrés Guardado
By: Alex Mcelvain
Tags: News, Los Angeles, Andres Guardado, Alex Villanueva, Inquest

Sheriff’s Department Detective Mike Davis invoked the Fifth Amendment protection against self-incrimination when asked, among other things, whether there were any questions he could be asked to which he would not answer by invoking the Fifth. (Photo: Screencapture of Los Angeles County’s broadcast.)

On the first day of the Coroner’s inquest into the circumstances of the death of Andrés Guardado, the 18-year-old who was shot five times in the back by a Sheriff’s Deputy in June, four members of the Los Angeles Sheriff’s Department — two deputies and two investigators — were called as witnesses. What follows is an unofficial transcript (produced by Knock) of that portion of the proceedings. It begins with the Deputy County Counsel’s attempt to call Detective Miguel Vega, who pulled the trigger those five times, as a witness.

Deputy County Counsel Miller

Thank you. The first witness that the Coroner planned to call was Deputy Miguel Vega from the Los Angeles County Sheriff’s Department. It is the Coroner’s understanding that Deputy Vega, through his attorney Adam Marangell, advised the Coroner that Deputy Vega is currently out of the country and unavailable to attend the inquest today, November 30, 2020. It’s also the Coroner’s understanding that Deputy Vega will be available in mid-December of this year. However, Mr. Marangell also indicated that Deputy Vega wished to submit a declaration in lieu of his testimony, asserting his Fifth Amendment privilege. And at this time, we do not have such a declaration. But I believe it may be appropriate to continue Deputy Vega’s portion of the testimony to either have his appearance in court or submit a declaration for your review and whether it’s appropriate.

Justice Cooper

Okay. This is a situation that I was previously made aware of. There were two deputies at the scene of the shooting, one being Mr. Deputy Sheriff Miguel Vega, the other being Deputy Christopher Hernandez. Now, I regard both of these individuals as being material to the work of this inquest today.

With regard to Mr. Vega, it’s my understanding that if he were — first of all, he’s out of town, he’s not available. But secondly, if he were present, my understanding that he would intend to take the Fifth Amendment. However, without having a declaration in lieu of testimony or him in person, we’re unable to conclude as to his contributions to this, therefore, we’re going to continue the inquest. We will go through everybody that we can that’s available today, and hear from them. But at the conclusion of the day, we’re going to have to adjourn the inquest and make some time to obtain, if possible, is the declaration or testimony of Deputy Vega or any other persons that turned out to be in a similar situation.

On Mr. Vega’s case, I believe that the invocation of the Fifth Amendment would probably be accepted. When it’s made or presented. It’s not as clear to me that that is true across the board. And there may have to be further inquiries that I would make together with County Counsel as to whether the invocation of the Fifth is appropriate in every instance. So we’ll proceed along for today.

Deputy County Counsel Miller

Thank you, Justice Cooper. The Coroner would like to call the other deputy who was on the scene of the Guardado shooting, Christopher Hernandez. In regards to Deputy Hernandez throughout the course of this inquest, or the gathering of evidence, there have been two declarations submitted by Deputy Hernandez and I will provide those in order. The first Declaration was submitted thirteen days ago on November 17th, 2020. And for your reference that is [unclear] number 93. And that was in conjunction with a writ of mandate petition filed in the Superior Court regarding this inquest. And if I may read that declaration.

Justice Cooper

Please.

Deputy County Counsel Miller

The declaration states in part — it’s now projected for your review: “I have read the foregoing verified petition for writ of traditional mandate and know the contents thereof and I certify that the information contained therein is true and correct of my own knowledge.” That’s dated November 17th, 2020. Signed, declared under penalty of perjury, signed by Chris Hernandez. And then if you look at bait number 87, which is the body of the writ petition under the portion of facts supporting this case, if I may read that into the record, which is Deputy Hernandez’s statement and I’m going to paraphrase as well:

“On June 18th, starting paragraph 10 on June 18, 2020 at approximately 5:52pm, Petitioner who is Deputy Hernandez and his partner Deputy Miguel Vega were on duty as Los Angeles County Deputy Sheriffs. They were driving in black and white patrol vehicle when they were conducting a parole check in the area of 420 West Redondo Beach Boulevard. Deputies Hernandez and Vega saw Mr. Andrés Guardado standing outside of the incident location with another unidentified female on the sidewalk.

“Paragraph 11: The deputies noted a weapon in Mr. Guardado’s waistband area and attempted to detain Mr. Guardado but Mr. Guardado took off running southbound in the driveway of the incident location. After Mr. Guardado fled, the deputies engaged in a foot pursuit of Mr. Guardado.

“Paragraph 12: Moments later, the deputies caught up and approached Mr. Guardado. They instructed him to drop his weapon on the ground and not to touch the gun. At some point in time, Mr. Guardado then reached for his weapon which led to Deputy Vega. Firing multiple rounds at Mr. Guardado. Paramedics responded to the scene and pronounced Mr. Guardado’s death at 6:01pm. During the incident, Deputy Hernandez did not discharged his firearm.”

And Justice Cooper just for the record, the writ petition is part of the record for purposes of the inquest. I’m just showing that portion as it’s relevant to the circumstances surrounding Mr. Guardado’s death.

Justice Cooper

Okay, thank you.

Deputy County Counsel Miller

The second declaration that was signed by Christopher Hernandez is dated November 28 2020. If we can turn to the next page. That declaration reads as follows: “I have received a subpoena to appear and testify at the above-captioned inquest on November 13 2020. If I were to appear at the inquest and be questioned, at the advice of my attorney, I would assert my Fifth Amendment right and refuse to answer any questions. I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct.” And that was executed on November 28th 2020, signed by Deputy Christopher Hernandez. Justice Cooper, how would you like to proceed?

Justice Cooper

With respect to the declaration by Deputy Hernandez, we will receive it. However, given the totality of the information and the items filed with the writ, I think there is a question to be evaluated as to whether Deputy Hernandez has waived his right to Fifth Amendment protection because of the content of the information provided in the writ. However, for today’s purposes, as I said we will receive both both of those items. Deputy Hernandez is not however, excused from these proceedings in totality and may be subject to recall or re subpoena.

Deputy County Counsel Miller

Thank you Justice Cooper. At this time, the Coroner would like to call its next witness. Detective Mike Davis, the homicide division of Los Angeles County Sheriff’s Department.

Justice Cooper

Good morning, if you would have a seat please. And Detective Mike Davis, correct?

Detective Davis

Yes, Your Honor.

Justice Cooper

Would you please raise your right hand to be sworn? Do you solemnly swear the testimony you’re about to give him the cause now pending being the truth, the whole truth and nothing but the truth?

Detective Davis

I do.

Justice Cooper

Thank you.

Deputy County Counsel Miller

Morning Detective Davis. Please state your name, spell your last name for the record.

Detective Davis

My name is Mike Davis. Last name is D-A-V-I-S.

Deputy County Counsel Miller

Can you tell us what your current occupation is?

Detective Davis

Detective at Los Angeles County Sheriff’s Department.

Deputy County Counsel Miller

Is that your full title?

Detective Davis

A detective at Los Angeles County Sheriff’s Department. Yes.

Deputy County Counsel Miller

Thank you. And how long have you been a detective at the Los Angeles County Sheriff’s Department?

Detective Davis

On the advice of my counsel, I’m choosing to exercise my constitutional right under the state and federal constitutions in response to any questions.

Deputy County Counsel Miller

Thank you, Detective Davis. Can you please tell us your background, your training and experience as it relates to your occupation as a Sheriff’s deputy, as well as a homicide detective?

Detective Davis

Again on the advice of my counsel I choose to exercise my constitutional rights under the state and federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

Detective Davis, what documents did you review and preparation for your testimony today, if any?

Detective Davis

On the advice of my counsel, I choose to exercise my constitutional right under the state and federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

And Detective Valencia, is it your intention to claim the privilege against self incrimination to all questions about your occupation?

Detective Davis

Detective Davis and yes, that is correct.

Deputy County Counsel Miller

I’m sorry. Thank you. Justice Cooper, I’ll move on to the next line of questioning.

Justice Cooper

Yes, please.

Deputy County Counsel Miller

I’m going to move on to your assignment. What was your assignment on June 18 of this year?

Detective Davis

I’m assigned as a detective with Los Angeles County Sheriff’s Department.

Deputy County Counsel Miller

Thank you. Detective Davis, were you assigned to investigate the death of Andrés Guardado?

Detective Davis

On the advice of my counsel, I choose to exercise my constitutional rights in the state and federal constitutions in response to any relevant question.

Deputy County Counsel Miller

Detective Davis who assigned you to investigate the death of Mr. Guardado?

Detective Davis

On advice of my counsel I choose to exercise my constitutional rights under the state and federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

Can you tell us who your supervisor was on June 18th, 2020?

Detective Davis

On advice of my counsel, I choose to exercise my constitutional rights and state federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

Can you let us know if you’re currently assigned to investigate the death of Mr. Guardado?

Detective Davis

On the advice of my counsel, I choose to exercise my constitutional rights and at the state and federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

Who is your current supervisor as of today?

Detective Davis

On the advice of my counsel, I choose to exercise my constitutional rights under state and federal constitutions in response to any relevant questions.

Justice Cooper

I think you can move to a summary question on this topic.

Deputy County Counsel Miller

Detective Valencia, is it your intention to claim the privilege against self incrimination to all topics or questions on the topic regarding your assignment to investigate the death of Mr. Guardado?

Detective Davis

I’m Detective Davis and yes it is.

Deputy County Counsel Miller

I apologize. I’ll move on, Justice Cooper. Thank you for clarifying. Detective Davis. I’d like to now discuss your investigation at the location of Mr. Guardado’s body. As part of your assignment as a homicide detective, did you proceed to 420 West Redondo Beach Boulevard in Gardena, California on June 18, 2020?

Detective Davis

On the advice of my counsel, I choose to exercise my constitutional rights under the state and federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

Detective Davis, did you personally observe any of the events leading to the death of Andrés Guardado?

Detective Davis

On the advice of my counsel, I choose to exercise my constitutional rights under the state and federal constitutions in response to any further questions.

Deputy County Counsel Miller

Can you tell us what observations you made when you arrive to the Mr. Guardado’s body?

Detective Davis

On the advice of my counsel, I choose to exercise my constitutional rights under the state and federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

Detective Davis, did you collect any evidence at the scene?

Detective Davis

On advice in my counsel, I choose to exercise my constitutional rights under state and federal constitutions in response to any relevant questions.

Justice Cooper

I think we can move to a summary question on this section.

Deputy County Counsel Miller

Thank you, Justice Cooper. Detective Davis, is it your intention to claim the privilege against self incrimination to all questions on the topic regarding your personal observations and actions taken surrounding the death of Mr. Guardado?

Detective Davis

Yes.

Deputy County Counsel Miller

Thank you, then I’ll move on. Detective Davis. I would now like to discuss your interviews with various individuals regarding the circumstances surrounding Mr. Guardado’s death. Did you interview deputy Miguel Vega regarding Mr. Guardado’s death.

Detective Davis

On advice my counsel I choose to exercise my constitutional rights under state and federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

What did Deputy Vega tell you?

Detective Davis

On the advice of my counsel, I choose to exercise my constitutional rights under the state and federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

Detective Davis, did you interview Deputy Christopher Hernandez regarding Mr. Guardado’s death?

Detective Davis

On the advice of my counsel, I choose to exercise my constitutional rights under state and federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

What did Deputy Hernandez tell you regarding the death of Mr. Guardado?

Detective Davis

On the advice of counsel, I choose to exercise my constitutional rights in the state and federal constitutions in response to any relevant questions.

Justice Cooper

I think we can move to summary question on this topic.

Deputy County Counsel Miller

Detective Davis, is it your intention to claim the privilege against self incrimination to all questions on the topic regarding your entire investigation into the death of Andrés Guardado?

Detective Davis

Yes.

Deputy County Counsel Miller

Is it possible that we can narrow the scope of questions and there are some areas that you would be able to answer questions on here today?

Detective Davis

On advice of my counsel, I choose to exercise my constitutional rights under the state federal constitution in response to any relevant questions.

County Counsel

Thank you, Detective Davis. Is there any testimony that you are willing to make at this inquest today that is relevant to the circumstances, cause or manner of Mr. Guardado’s death?

Detective Davis

On the advice my counsel I choose to exercise my constitutional rights under the state federal constitutions in response to any relevant questions.

Deputy County Counsel Miller

Justice Cooper, based on Detective Davis’s assertion of the Fifth Amendment privilege against self self-incrimination. How would you like to proceed?

Justice Cooper

Well, I think at this time, we don’t need to ask any further questions of the deputy at this time. Detective Davis, it’s my assessment that there’s a possibility that either the Fifth Amendment privilege would not apply to certain of the questions being asked of you. And perhaps your invocation of the Fifth is overbroad. And it’s not clear to me that the privilege applies. However, for today’s purposes, we will not have any further questions. I’m going to have further conversations with the County Counsel. As to the next steps that we might take but for today’s purposes, you are free to go. You are, however, not excused from the subpoena, you are subject to recall or potentially resubpoena. But there’ll be no further questions today.

Detective Davis

Yes your honor, thank you.

Justice Cooper

Okay. Thank you. Do we have another witness to call at this time?

Deputy County Counsel Miller

Thank you. Justice Cooper. The Coroner would like to call Detective Joseph Valencia and the Los Angeles County Sheriff’s Department.

[Here, a brief portion, maybe ten to fifteen seconds, of Knock’s recording is not available. Transcript resumes where audio picks back up.]

Justice Cooper

Thank you.

Deputy County Counsel Miller

Thank you, Detective Valencia. Can you tell us your occupation? Please?

Detective Valencia

Uh, could you speak up please? I’m having a hard time hearing you.

Deputy County Counsel Miller

I’m sorry. Can you perhaps slow down a little bit? And and I know it’s hard to hear through these masks, but I’m having a hard time understanding. So just speak up and slow down. Please.

Detective Valencia

I didn’t hear the question. I’m sorry.

Deputy County Counsel Miller

That’s okay. Would you please tell us what your current occupation is?

Detective Valencia

I’m currently assigned to the Los Angeles County Sheriff’s Department as an investigator.

Deputy County Counsel Miller

Thank you. And what is your full title?

Detective Valencia

Investigator with the homicide bureau.

Deputy County Counsel Miller

Thank you. And how long have you been an investigator for the Los Angeles County Sheriff’s Department homicide unit?

Detective Valencia

A bit over three years.

Deputy County Counsel Miller

And can you please tell us your background training and experience as it relates to your occupation as a deputy sheriff as well as an investigator

Detective Valencia

Based on the advice of my counsel I currently invoke my rights pursuant to the Fifth Amendment to the Constitution not to answer any questions at this time.

Deputy County Counsel Miller

What are your duties and responsibilities as a investigator at the Los Angeles Sheriff’s Department?

Detective Valencia

Based upon advice from my counsel I’m invoking my right pursuant to the Fifth Amendment to the Constitution, not to answer any questions at this time.

Deputy County Counsel Miller

Detective Valencia, can you tell us what documents if any you reviewed in your preparation for your testimony today?

Detective Valencia

Could you repeat that, please?

Deputy County Counsel Miller

Yes. Can you please tell us wat documents, if any, you reviewed in preparation for your testimony here today?

Detective Valencia

Based on advice of my counsel, I am currently invoking my rights pursuant to the Fifth Amendment of the Constitution and not to enter — answer any questions at this time.

Deputy County Counsel Miller

Thank you, Detective Valencia. Is it your intention to claim the privilege against self-incrimination to all the remaining questions on the topic of your occupation?

Detective Valencia

Yes.

Deputy County Counsel Miller

Then I’ll move on. Detective Valencia, what was your assignment on June 18 of this year?

Detective Valencia

Based on advice of my counsel, I am currently invoking my rights pursuant to the Fifth Amendment to the Constitution not to answer any questions at this time.

Deputy County Counsel Miller

Thank you, can you let us know whether you were assigned to investigate the death of Andrés Guardado?

Detective Valencia

Based on advice of my counsel, I’m currently invoking my right to the Fifth Amendment to the Constitution, not to answer any questions at this time.

Deputy County Counsel Miller

Detective Valencia Can you tell us who your supervisor is today?

Detective Valencia

Based upon advice by counsel, I’m currently invoking my right pursuant to the Fifth Amendment to the Constitution not to answer any questions at this time.

Deputy County Counsel Miller

Detective Valencia, has your current supervisor or any previous supervisor ever informed you that you are under investigation for any reason in connection with the death of Andrés Guardado?

Detective Valencia

Based upon advice and my counsel, I am currently invoking my rights pursuant to the Fifth Amendment to the Constitution not to answer any questions at this time.

Deputy County Counsel Miller

As anyone you’ve ever worked with on the investigation of Mr. Guardado been removed from the investigation?

Detective Valencia

Based upon advice of my counsel, I am currently invoking my rights pursuant to the Fifth Amendment to the Constitution not to answer any questions at this time.

Deputy County Counsel Miller

Detective Valencia, are you working with anyone on investigating the death of Mr. Guardado?

Detective Valencia

Based upon advice of my counsel, I am currently invoking my rights pursuant to the Fifth Amendment to the Constitution not to answer any questions at this time.

Justice Cooper

We can move to a summary question on the section.

Deputy County Counsel Miller

Thank you, Justice Cooper. Detective Valencia. Is it your intention to claim the privilege against self incrimination to all questions on the topic regarding your assignment to investigate the death of Mr. guardado?

Detective Valencia

Yes.

Deputy County Counsel Miller

Okay, then I’ll move on. We can talk about your arrival at the scene of the shooting.

Deputy County Counsel Miller

As part of your assignment as a homicide detective, did you proceed to 420 West Redondo Beach Boulevard in Gardena, California on June 18 of this year?

Detective Valencia

Based upon advice of my counsel, I am currently invoking my… right pursuant to the Fifth Amendment to the Constitution not to answer any questions at this time.

Deputy County Counsel Miller

Before June 18 of 2020, Detective Valencia, had you ever heard of Andrés Guardado?

Detective Valencia

Based upon advice of my counsel, I’m currently invoking my rights pursuant to the Fifth Amendment to the Constitution. Not to answer any questions at this time.

Deputy County Counsel Miller

Detective Valencia? Did you personally observe any of the events leading to the death of Mr. Guardado?

Detective Valencia

Based upon advice and my counsel, I’m currently invoking my rights pursuant to the Fifth Amendment to the Constitution not to answer any questions at. This time.

Deputy County Counsel Miller

Detective Valencia, can you please describe to us what observations you made when you arrive to the body of Andrés Guardado.

Detective Valencia

Based upon advice of my counsel, I’m currently invoking my rights pursuant to the Fifth Amendment to the Constitution not to answer any questions. At this time.

Justice Cooper

We can move to a summary question on this section.

Deputy County Counsel Miller

Thank you, Detective Valencia. Is it your intention today to claim the privilege against self-incrimination to all questions on the topic of your personal observations and actions taken surrounding the death of Mr. Guardado?

Detective Valencia

Yes.

Deputy County Counsel Miller

Thank you. I’ll move on to the next topic. I would like to talk to you about, like discuss with you about the various people you interviewed in connection with Mr. Guardado’s death.

Detective Valencia

I’m sorry, sir, I didn’t understand that question.

Deputy County Counsel Miller

I apologize. I would like to move to the topic of the various individuals that you interviewed in connection with the death of Andrés Guardado. Did you interview Deputy Miguel Vega regarding Mr. Guardado’s death?

Detective Valencia

Based upon advice of my counsel, I am currently invoking my rights pursuant to the Fifth Amendment of the Constitution not to answer any questions at this time.

Deputy County Counsel Miller

Did you interview a deputy Christopher Hernandez regarding Mr. Guardado’s death?

Detective Valencia

Based on upon advice of my counsel, I am currently invoking my rights pursuant to the Fifth Amendment of the Constitution. Not to answer any questions at this time.

Deputy County Counsel Miller

Detective Valencia did you interview any percipient witnesses to the shooting death of Mr. Guardado?

Detective Valencia

Based upon advice of my counsel, I am currently invoking my fifth amendment rights to the Constitution. Not to answer any questions at this time.

Deputy County Counsel Miller

Detective Valencia, did you interview someone by the name of Andrew Haney in regard in regards to the death of Andrés Guardado?

Detective Valencia

Based upon advice of my counsel, I am currently invoking my right pursuant to the Fifth Amendment of the Constitution not to answer any questions at this time.

Justice Cooper

We can move to a summary question.

Deputy County Counsel Miller

Thank you, Detective Valencia. Is it your intention to claim the privilege against self incrimination to all questions on the topic regarding your entire investigation into the death of Andrés Guardado?

Detective Valencia

Yes.

Deputy County Counsel Miller

Thank you. Is it possible that we can narrow the scope of questions today? So there are some areas that you would be willing to answer at today’s inquest?

Detective Valencia

Based upon advice and counsel, I’m currently looking my right pursuant to the Fifth Amendment to the Constitution, not to answer any questions at this time.

Deputy County Counsel Miller

Thank you, Detective Valencia. Is there any testimony that you are willing to make that is relevant to the circumstances, cause or manner of Mr. Guardado’s death?

Detective Valencia

Based upon advice of my counsel, I’m currently invoking my rights pursuant to the Fifth Amendment of the Constitution not to answer any questions at this time.

Deputy County Counsel Miller

Thank you, Justice Cooper, based on detective Valencia’s assertion of the Fifth Amendment privilege against self-incrimination, how would you like to proceed?

Justice Cooper

Okay, uh, as to this witness — as to both witnesses that are part of the detective unit, as opposed to the officers that responded to the scene that were involved in the incident itself, I think that there is a question as to whether the Fifth Amendment, invoking the Fifth Amendment is appropriate in any instance that I need to take a look at, and also whether the invocation across the board to any and all questions is overbroad. I’m going to have some consultations with members of County Counsel and potentially others as to the next steps to be taken. For today’s hearing purposes you are free to go there will be no further questions. You are, however, not excused from these proceedings and you may be subject to recall or resubpoena.

Detective Valencia

Thank you.

Justice Cooper

Okay, thank you. In the envelope that I just — sealed envelope that I just opened, there is a declaration of Quilmes Rodriguez, which I understand is intended to be offered and utilized today. Is that correct?

Deputy County Counsel Miller

If we could have perhaps Detective Valencia just proceed forward to answer that question. He was the holder of records. And it’s my understanding that the declarations are two declarations, one from a Detective Rodriguez and one from the Custodian of Records that will be allowed to be made part of the public record, but I would like confirmation from the Sheriff’s Department. And I believe Detective Valencia has exited. That’s my understanding, we can get a readback perhaps, at the break he was -

Justice Cooper

If we can get a confirmation on that. One thing that will happen is that at the time, I issued my final conclusion in this matter. In addition to the findings that I will make, there will be an attachment to that, which is going to indicate all the items that were received in evidence, and also the names of any witnesses that provided substantive testimony. So you will know — the public will know the information that was relied upon. But we’ll get some clarification on this declaration of the gentleman named Mr. Rodriguez.

Deputy County Counsel Miller

Detective Rodriguez was the last witness that the Coroner had intended to call today. And I understand that there’s a declaration submitted by him in lieu of his presence today. So with that, –

Justice Cooper

I will indicate that the declaration of Quilmes Rodriguez, dated November 25 2020, is complete and thorough and will be accepted in lieu of his personally responding to the subpoena. The declaration is more than adequate.

Deputy County Counsel Miller

Then at this time, the Coroner does not have any remaining witnesses for today’s inquest.

Justice Cooper

Well, we do have the remote witness —

Deputy County Counsel Miller

I apologize. I meant in regards from the Los Angeles County Sheriff’s Department, no remaining witnesses. There are remaining witnesses that will be called, but not from the Sheriff’s Department.

Justice Cooper

Okay. All right. Thank you. Perhaps this would be a pretty good time to recess.