Fatal Capitol shooting classified a homicide according to the medical examiner

Local News

The fatal shooting of Delmar Espejo by a Deputy at the State Capitol in February has been classified as a homicide according to the medical examiner’s report.

“There was an extreme struggle inclusive of (the deputy) being wrapped in a headlock.”

That is how Noland Espinda described the event. the night 28-year-old Delmar Espejo was shot by a deputy sheriff on State Capitol.

Espinda said the Deputy shot Espeob in the torso “in fear of additional imminent danger.”

Espejo family attorney Myles Breiner said the autopsy paints a much different picture.

“Certainly now that the autopsy report has gone public, being shot from behind is consistent with a deliberate act not an accidental shooting.”

The report said Espejo was shot “on the left side of the back, 12 inches below the top of the head” and that the bullet “runs back to front…and slightly downward.”

According to the report, no bullet was recovered at the scene.

“My opinion, it is a cover up. The report was issued months ago. The medical examiner, there was every opportunity for the Dept. of public safety to correct the record,” Breiner said.

The report was completed on April 18, 2019, but it wasn’t made available until this month. Breiner said someone should have stepped up and come forward with this information sooner.

“The family, from the beginning, knew this was not an unattended shooting. The family was insistent that their family member, Delmar, would not openly engage someone especially in light of his medical condition,” Breiner explained.

Espejo was born with polio. He couldn’t stand upright, couldn’t even wear normal shoes.

“This was no one who could run away or really have been a major threat to the sheriff deputy and certainly over a bottle of beer. That’s just, it begs the imagination, that someone would be shot over a bottle of beer,” Breiner said.

Espejo’s mother Cresencia stood in her apartment holding a photo of her son, tears welling up in her eyes.

She said he was the youngest of her nine children.

“He was a nice boy, a good boy.”

Even though her son was homeless, she brought him food every day. The last thing she told him was she loved him.

“I justice for my son. I want justice for my son. My son is a good boy you know. He never make trouble to anybody. I don’t know why they take away the life of my son. Why they don’t let him go to enjoy his life.”

Breiner said he is hopeful that a full investigation will be launched by either the Prosecuting Attorney’s office or the Attorney General’s Office. Breiner said he plans to litigate the matter with the State.

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