PASADENA (CBSLA.com) — A man accused of falsely reporting to police that he had been robbed at gunpoint, which prompted a deadly officer-involved shooting, will not be charged with involuntary manslaughter, according to the Los Angeles County District Attorney's Office.
Police fatally shot 19-year-old college student Kendrec Lavelle McDade on March 24 while chasing him down a residential street.
Prosecutors suggested Tuesday that Oscar Felipe Carrillo be charged with a misdemeanor count of filing a false police report after determining that a manslaughter charge was "not supported by proof beyond a reasonable doubt," according to court documents.
Carrillo later admitted he lied about the robbery to an emergency dispatcher during his 911 call. He told authorities two armed men had robbed him of his backpack. He later admitted that, while his backpack had been stolen, the suspects were not armed and had actually taken the item while burglarizing his car, according to Pasadena police.
Police responding to the call saw McDade running from the scene. Believing he was armed, Pasadena police officers Jeffery Newlen and Mathew Griffin opened fire when they saw his hands reach toward his waistband. McDade was shot seven times and died from his injuries, according to an L.A. County Coroner's report.
McDade was not armed, police later reported.
"Carrillo's act was one in a series of acts, beginning with the decedent's own conduct, that culminated in the fatal shooting," a prosecutor stated in court documents. "The decedent's subsequent flight from the police and decision to run at the officer's vehicle were significant intervening factors that were not a reasonably foreseeable consequence of Carrillo's 911 call."
Carrillo was later arrested for allegedly lying to the 911 dispatcher. He remains jailed on an immigration hold.
Prosecutors from the District Attorney's Office have submitted their charge evaluation worksheet against Carrillo to the Pasadena City Prosecutor's Office for review.
The 17-year-old boy who was with McDade faced two felony counts of commercial burglary, a felony count of grand theft and one misdemeanor count of failing to register as a gang member. He was sentenced to six months of camp community placement.
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