A new video shows the moment a 13-year-old boy driving a stolen car was shot dead by a Texas police officer after colliding with another officer’s vehicle — and his family is now arguing that the encounter did not justify the use of deadly force.
On June 3, 2022, San Antonio Police Officer Stephen Ramos shot Andre Hernandez Jr. while the teen was driving a stolen red Toyota Corolla with two other juveniles.
Around 1 a.m., Ramos and two officers – Espinoza and Claire – were responding to reports of gunfire and loud music in the Southwest Side community of Indian Creek.
The San Antonio Express-News obtained video of the officers pursuing the Toyota Corolla, which backs away from Ramos’ vehicle and pulls away.
“Don’t let him run you over!” Ramos yells at Espinoza, who gets out of his Chevrolet Tahoe patrol vehicle, opens the door, and leans out the window.
Ramos examines Andre, dashes to his patrol car for his medical kit, and begins administering first aid. The child was taken to the hospital, where he was pronounced dead.
The shooting was a “tragedy,” according to the Bexar County District Attorney’s Office, but Andre’s age “was not known by Officer Ramos at the time, nor does it mitigate the threat to Officer Espinoza.”
“It was reasonable for Officer Ramos to believe that Officer Espinoza was standing outside of his vehicle and was thus being threatened with deadly force by the red Toyota as it accelerated towards him,” according to a memo detailing the DA’s review, as reported by the Express News.
“These facts led Officer Ramos to believe that Officer Espinoza was being threatened with deadly force. Thus he used deadly force to prevent unjustified harm to Officer Espinoza in accordance with” the Texas Penal Code, the outlet added.
The evidence was presented to a grand jury, which decided not to charge Ramos criminally.
The family’s attorney, Lee Merritt, said they are “very frustrated” by the grand jury’s decision and are pursuing a federal civil rights lawsuit in the case.
“This officer has killed two human beings, he has no business in the profession of policing,” Merritt said.
He contended that the Corolla was moving too slowly to pose a danger to Espinoza.
“Those cars were never going more than five miles per hour and AJ Hernandez never represented a deadly threat to anyone,” Merritt told news station KEN5.
