DRUG AGENT TO BE TRIED IN DEATH OF S.J. MAN

1st State Justice Officer Indicted For Killing In The Line Of Duty

For the first time in California history, a state Department of
Justice agent has been indicted for killing someone in the line of
duty.

Bureau of Narcotic Enforcement agent Michael Walker will stand trial
in the Feb. 17 death of Rodolfo ``Rudy'' Cardenas, whom Walker shot in
the back during a botched pursuit in downtown San Jose, a Santa Clara
County criminal grand jury decided Wednesday.

Walker, a former Watsonville police officer, surrendered at the San
Jose Police Department about 6:15 p.m. Wednesday, and a source
knowledgeable about the case said he was booked on a
voluntary-manslaughter charge. He was released without bail by about
6:30 p.m.

The grand jury's decision came after less than a day and a half of
deliberations, pleasing relatives of the slain San Jose man and
community members who say law enforcement officials are rarely held
accountable for their actions.

``Victoria!'' shouted one of Cardenas' relatives as the family
gathered to celebrate on the courthouse steps.

His loved ones joined hands and gave tearful thanks to Jesus Christ.

``Justice has been served in Santa Clara County today,'' said Raul
Cardenas, Rodolfo Cardenas' brother. ``At least now they can see you
better be careful when you pull the trigger.''

The 33-year-old Walker, who was not in court Wednesday, could be
arraigned within a week. To hand up its indictment on voluntary
manslaughter, the grand jury had to conclude that Walker did not have
a reasonable belief he was in danger. If convicted, he could face up
to 11 years in prison.

The other option before the grand jury was a second-degree murder
indictment, which could carry a penalty of 15 years to life in prison.

While it is the first time a state agent has been indicted, it marks
the second time in county history that a law enforcement agent has
been charged for shooting someone.

In 1972, San Jose police officer Rocklin Woolley was charged after he
shot an unarmed man who was running away from him. A jury acquitted
Woolley.

Walker's lawyer said the agent is preparing for the trial.

Walker, who has been on desk duty since the shooting and will be
placed on administrative leave, took the news ``surprisingly well,''
criminal defense attorney Todd C. Simonson said. ``He's obviously
disappointed, but he realizes this is the first round in a long battle.''

Walker joined the state Bureau of Narcotic Enforcement less than two
years ago after serving 11 years on the Watsonville police force. His
record appears unblemished except for being named along with three
fellow officers in a 2002 unreasonable-force claim filed by a Fresno
woman. Walker and the other officers were vindicated by a jury last
year.

During the grand-jury hearing, Deputy District Attorney Lane Liroff,
whose job it was to present evidence to the jury, held nothing back
when it came to highlighting a series of blunders and fatal missteps
that led to Cardenas' death.

In the confusing, adrenaline-charged minutes before the fatal shooting
of a man state agents mistakenly thought was a wanted felon, agents
lost contact with local police. They were baffled by unfamiliar
streets and alleys in downtown San Jose. They only got a quick glimpse
of a photograph of the man they were seeking.

They chased Cardenas, who they thought was their suspect, at high
speeds through downtown streets until Walker cornered him in an alley
near the intersection of Fourth and St. James streets.

Walker said he thought Cardenas had a gun. He did not. Walker shot the
43-year-old father of five in the back as he was running away but
adamantly defends his action as self-defense.

``I fired just as soon as I perceived an imminent threat,'' Walker
said during the hearing.

But Liroff, during his closing statement, said: ``Every step demanding
sober caution . . . was missed.''

Outside the courthouse, Cardenas' relatives and supporters greeted
Liroff with cheers.

``What we wanted to do . . . was to have a fair and open hearing that
allowed the truth to get out,'' Liroff told the crowd. Liroff will see
the case through trial, a job he said he is not looking forward to:
``I worked with law enforcement in the county for 25 years. I felt sad
to see this pass.''

Community outrage about the shooting led authorities to seek a public
grand-jury investigation into the case. Such proceedings are generally
held in secret, but this is the third such public inquiry. The most
recent was following last summer's fatal shooting by San Jose police
of a woman confronted in her kitchen with a vegetable peeler.

But some question the wisdom of the public tribunal, saying it is the
wrong forum to decide the fate of a law enforcement agent.

``If there is concern about Department of Justice policies and
procedures, we think that there are more appropriate forums to address
those than a one-sided, public grand-jury hearing in which an officer,
who is performing his duties,'' has his future on the line, said
Hallye Jordan, Department of Justice spokeswoman.

``This is the first time in this department's history that we've had
an agent charged with a killing in the line of duty,'' Jordan said.
``It is unprecedented and warrants a full and careful review of our
policies.''

Walker's attorney said jurors were influenced by the emotional tug of
Cardenas' family.

``The public factor cannot be overemphasized,'' Simonson said. ``There
were grieving family members with black shirts in front of the jury.
That doesn't happen in grand juries.''

Despite the criticisms, Assistant District Attorney Karyn Sinunu
defended the open process. ``These decisions that are made by the
grand jury, these aren't made by feelings, these are made by facts,''
she said Wednesday. ``Was the shooting justified? That's what they
look at.''

Criminal grand juries sit for a roughly two-month period. This
particular panel of 18 women and men has already heard two other
officer-involved shootings in which they did not issue indictments,
and it will hear another one Monday, Sinunu said.

At least 12 of the jurors must vote for an indictment. Judge Thomas
Hansen admonished the jurors not to discuss the case until the
indictment is made public, which will occur when Walker is arraigned.

Since 1990, the district attorney's office has prosecuted 159 law
enforcement personnel for everything from petty theft to child
molestation and now, manslaughter.