Teen driver shot by Stanislaus deputy was trying to surrender, wrongful death claim says
The 16-year-old Riverbank boy who had led sheriff’s deputies on an early morning chase in May was about to surrender after his car had spun out of control when one of the deputies approached the vehicle and fired into it, fatally wounding the boy, according to a claim filed against Stanislaus County and its Sheriff’s Department.
And on Friday evening, about 15 people demonstrated in downtown Modesto, protesting the shooting and asking for more information from authorities.
The claim alleges the sheriff’s deputy — identified by authorities as Gerardo Zazueta — was never in danger and violated department policy by failing to turn on his body camera and by firing into the slowing moving vehicle.
The 16-year-old boy — identified by family and authorities as Xander Mann — had four teenagers in the car with him, ages 14 to 18. The claim alleges Zazueta fired three times, striking Mann in the head and grazing one teen in the head and another in the neck. Both teens needed medical treatment.
The claim was filed Friday and is for wrongful death, excessive force, negligence, and assault and battery. If the county rejects or does not settle the claim, then Mann’s parents can file a lawsuit.
Sacramento attorney Mark E. Merin represents Mann’s estate and his parents, Amy Pickering and Justin Mann.
Cody Mann, one of Mann’s uncles, said it was difficult for him to watch the sheriff’s department video when it came out.
“You know the minute your family member’s life ended,” Cody Mann said.
Cody Mann wants the department to release additional footage from the night of the shooting. Although he said he supports law enforcement and is waiting for more details before judging Zazueta’s actions, he believes the department has only released what showed officers in the best possible light.
County reviewing claim’s allegations
Stanislaus County Counsel Thomas Boze provided this statement: “Any loss of life, regardless of the circumstances is always tragic. Our officers are placed in a difficult situation when in pursuit of suspects. Officer decisions must be made quickly and can depend on a host of factors.
“We recognize the community’s concerns and are fully investigating the circumstances leading up to events of May 18, 2021. We are in receipt of the claim filed by Mr. Mark Merin, Esq., and will review it in full.”
Sheriff Jeff Dirkse released a more than nine-minute video report of the chase and shooting May 29. The sheriff said in the report that earlier in the chase Mann had driven his car directly toward a deputy, but the claim states the sheriff provided no footage or other evidence to corroborate that and did not report that Zazueta wounded two of the passengers.
Deputy did not turn camera on
Dirkse has said Zazueta did not turn on his body camera because of the “rapid nature of how this critical incident unfolded” and that Mann drove very close to Zazueta, and the deputy “had no time nor place to retreat.”
This incident started around 2 a.m. May 18 when deputies stopped a four-door compact car near Torrid Avenue and North Carpenter Road in Modesto. But Mann then drove off after making initial contact with deputies, leading deputies and Modesto police officers on a 20-minute, 15-mile chase that ended at McClure and Finch Roads, in an industrial area near the Modesto Airport.
Merin, the attorney representing Mann’s family, has said Mann had recently gotten out of juvenile hall and made a poor decision in fleeing. But he said deputies should never have chased a car full of teenagers over a traffic violation and used a dangerous maneuver to stop the fleeing car.
Authorities used what is called a PIT maneuver to stop the car. In these maneuvers, an officer uses his vehicle to push a car, forcing it sideways to a stop. Authorities had tried using the maneuver earlier to end the pursuit.
The claim states Mann’s car spun out after the second PIT maneuver and drove in reverse before coming to a stop at a curb. “Xander and his teenage passengers were in agreement that it was time for the pursuit to end and for Xander to surrender,” the claim states.
The claim states Mann’s car moved slowly forward toward the patrol vehicles that were trying to box it in. Mann was reaching for the keys to turn the engine off, according to the claim. The claim states Mann’s car was slowly moving between the gap between patrol vehicles and was pointed away from the vehicles.
Deputy fired at least three times
The claim states Zazueta’s vehicle had come to a stop facing Mann’s car.
“... Zazueta quickly exited his vehicle, drew his pistol, and pointed it at the vehicle driven by Xander, as it slowly passed by ... . Deputy Zazueta was never in danger of being struck by the vehicle ... and it never posed a threat ... . Deputy Zazueta approached the driver-side of the vehicle ... and fired his pistol at least three times through the vehicle’s driver-side window and into the passenger compartment.”
The claim states Xander became unconscious after Zazueta shot him in the head and slumped forward, with his foot pressing the gas pedal. The car accelerated before crashing into a nearby utility pole.
The claim states deputies detained the teenage passengers without cause and denied them appropriate medical care, which they sought later.
Protesters seek answers
Protesters in downtown Modesto on Friday demanded the release of all law enforcement footage pertaining to the shooting.
“This is what community looks like,” chanted the crowd of about 15 people, who gathered outside the District Attorney’s Office around 6:30 p.m. Some cyclists riding down 12th Street raised a fist in solidarity.
The event was organized by Central Valley Black Indigenous People of Color Coalition, a group of organizers, organizations and community members focused on the liberation of minorities. The protesters included three of Mann’s family members and the mother of Trevor Seever, a man who was fatally shot by a Modesto police officer in December.
Mann’s two aunts and uncle, who didn’t want to be identified, stood with the crowd.
Family friend Erica Mighetto described Mann, whom she knew since he was 6 years old, as a sweet, shy and an all-around good kid.
She said she was distraught when she found out about Mann’s death through a YouTube notification, alerting her of video of the incident. “Xander has just really been abandoned by everyone in his life, which is what makes this story so sad,” she said over the phone.
Mann’s family has had a turbulent history and Mann’s grandmother, who took over as guardian, died in December. “I wish people were more involved in Xander’s life,” she said. “I don’t think that this would have happened if they were.”
Throughout his childhood, Mann had been raised by different members of his family, and Cody Mann, an uncle, said he wishes his family could have done more to help Mann make better decisions.
For now, Cody Mann is working to process how to move forward following his nephew’s death.
“I’m still in the anger stage of grief,” Cody Mann said. “Angry at him for doing this, angry at the cops for shooting him.”
This story was originally published June 6, 2021 at 4:00 AM.
