California DOJ says not enough evidence to charge Vallejo officer in killing of Sean Monterrosa
VALLEJO -- The California Department of Justice said Tuesday that the Vallejo Police officer who shot and killed Sean Monterrosa in 2020 will not face charges, saying there is not enough evidence.
Attorney General Rob Bonta's office said the DOJ investigation into the 2020 shooting also found that evidence that was destroyed was not done maliciously.
"DOJ concluded that the officers involved in the decision to replace the windshield were unconnected to the shooting, and that the officers did not act with a criminal intent to suppress or destroy evidence when they had the windshield replaced and returned the vehicle to service," the DOJ said.
Vallejo officer Jarrett Tonn shot and killed Monterrosa on June 2, 2020. Tonn and two other officers responded to a Walgreens for reports of looting early in the morning.
They arrived in an unmarked pick-up truck and spotted Monterrosa near the store's drive-thru. Vallejo police alleged that Tonn fired at Monterrosa because he mistook a hammer in Monterrosa's sweatshirt pocket for the butt of a gun.
Then-Vallejo Police Chief Shawny Williams found that Monterrosa was on his knees with his arms raised when he was shot. Tonn was at first placed on leave and then fired in 2021.
The windshield of the vehicle was discarded, and it prompted outrage and questions from the community and even Rep. Nancy Pelosi.
"Recent reports that key evidence in the investigation was destroyed are deeply disturbing and highlight the urgency and necessity of an outside, independent federal investigation," said Pelosi, who was Speaker of the House at the time.
In Aug. of 2023, Tonn's attorney said the officer was getting his job back plus back pay. Vallejo City Manager Mike Malone said the arbitrator told the city that Tonn should return "as soon as practicable" and that the city and the Police Department are making preparations for his reinstatement.
The DOJ said the report's findings do "not reflect any determination as to potential administrative or civil liability."
There is a federal civil rights lawsuit filed against Tonn that has a jury trial scheduled for January 2025. Monterrosa's family filed the suit.
