OAKLAND, Calif. (CN) — A Vallejo police officer who fatally shot a man in 2020 will face no charges, the California Attorney General’s Office announced today.
Attorney General Rob Bonta said there was “insufficient evidence” to charge the officer in the death of Sean Monterrosa, 22. Additionally, in a related case, Bonta’s office found there was no criminal intent when officers replaced a department vehicle’s windshield after an officer fired through it. Those officers weren’t connected to the fatal shooting, and there was no intent to suppress or destroy evidence.
“Sean Monterrosa’s life mattered and there is nothing that can make up for his death. His loss is and will continue to be felt by his family and the Bay Area community,” Bonta said in a statement. “It’s critical that these difficult incidents undergo a transparent, fair and thorough review.
The officer — Jarrett Tonn — isn’t named in an October judgment meant to instigate reforms within Vallejo police. However, Tonn is named in a Department of Justice report on the shooting, media reports and a civil suit against him, the city and other officers.
That civil suit, filed in the Eastern District of California, is ongoing.
A Vallejo police spokesperson couldn’t be reached for comment.
Reports stated that Tonn and two other officers responded in June 2020 to reports of looting at a store. Video shows Tonn, seated in the backseat of a vehicle, stick an assault rifle between the two other officers and fire through the windshield as the vehicle approached. Monterrosa died shortly afterward.
In its investigation, Bonta’s office reviewed evidence including dispatch records, 911 recordings, video, witness interviews and autopsy reports. If attorney general's office were to charge someone with homicide, the evidence must prove guilt beyond a reasonable doubt and after considering any defense that could be used.
Using those dictates as a guide, Bonta’s office determined there was insufficient evidence to prove Tonn didn’t act in self-defense or in defense of other officers.
To convict on possible destruction of evidence in the windshield shooting, the office would need to prove officers had criminal intent. However, the investigation found they had none when they decided to replace the windshield and return the vehicle to service.
The shooting led to a memorandum of understanding for Vallejo police to implement a modernized policing plan. The plan expired in June 2023, with Vallejo police achieving less than complete compliance.
Bonta’s office said that Vallejo police failed to uniformly and adequately enforce the law because, in part, it had inadequate policies and procedures. The office is now seeking court approval of a stipulated judgment to implement remaining reforms and include new ones like handling citizen complaints and bias-free policing, as well as stops, searches and seizures and arrests.
The stipulated judgment calls for several reforms, including barring a police officer from shooting out of a moving vehicle, unless faced with an immediate threat to death or serious injury. Officers also should use de-escalation tactics.
Additionally, under the stipulated judgment, Vallejo police should review critical incidents and determine how to improve policies, procedures and training. An ongoing audit should be kept for when officers point or brandish a firearm in public.
Vallejo police must enforce the law professionally and not discriminate. Stops, searches and seizures must comply with the law.
The stipulation also calls for enhancing and promoting partnerships with the community, which will increase transparency and confidence in police.
“Public safety and accountability requires trust between law enforcement and the communities they serve,” Bonta said. “My office is working to build that trust through transparency and working to improve police practices.”
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