The man who allegedly stole a police cruiser and provoked police
into shooting at him in defense might have been on drugs and called
for his mom during the incident, court files revealed.
The man who allegedly stole a police cruiser and provoked police into shooting at him in defense might have been on drugs and called for his mom during the incident, court files revealed.
At a court appearance Tuesday, the public defender for Kenneth Michael Aguero, 31, recommended that Aguero’s plea be delayed until March 4 while both sides gather evidence for the case.
Aguero, who came dressed in a red jumpsuit worn by maximum security inmates, had grown a mustache since his last court appearance Jan. 27. After being escorted inside the courtroom, he sat slumped in his chair and appeared almost childlike. Aguero remained polite throughout the hearing, telling the judge “Thank you, sir,” at one point.
Aguero allegedly stole a police cruiser and tried to steal police guns on Jan. 24 after causing a disturbance at Marx Towing, 5757 Obata Way in southeast Gilroy. Police unsuccessfully tried to detain him with pepper spray, a Taser, and police baton hits but finally arrested him with the help of a police dog, according to police reports. In addition, Sgt. Chad Gallacinao and Officer Diana Mora, both fired guns at the police car Aguero stole, police said. Both officers were placed on administrative leave, which is routine after a gun is fired, but they came back on duty Sunday.
Aguero came to Marx Towing, 5757 Obata Way, on the afternoon of Jan. 24 and asked to retrieve his Chevrolet Impala back from the lot, according to a police incident report included in court files. A tow yard employee reportedly told Aguero that it would cost $180 to remove his car from the yard, and Aguero said he would not pay that amount. The employee reportedly said that Aguero said he wanted to talk with police at this point, and the tow yard worker said that was unnecessary.
Aguero then said he would call police himself, according to court files, and he ran behind the counter to use the phone, according to court files. Then, he reportedly went to the tow yard and tried to start his vehicle despite the employee’s protests. However, the car would not start, and he told the employee that he would need a jump-start. He then tried to take a battery from the shop to try to start the car, according to court files.
As police arrived, police who were interviewed said that Aguero – a man police said was 6 feet, 1 inches and 300 pounds – repeatedly placed his hands in his pockets even when police told him not to do so.
Court documents indicate that Mora told police that Aguero had a “1,000-yard stare” and she thought he may have been under the influence of drugs.
At first, Aguero allowed an officer to pat him down, according to court files. However, he tensed up and started flailing his arms when the officer grabbed one of his arms.
Police told Aguero to get down on his knees, and he initially complied, but then got up again, according to court files. Police then told him to get down on his stomach, but he got up and swung at Gallacinao when he tried to arrest him. Then Officer Stuart Jaquez reportedly said he would Tase Aguero if he did not comply. At first Jaquez had problems firing the Taser because it did not have a cartridge, but Gallacinao hit him with a baton a couple of times and then Jaquez successfully fired the Taser, according to court files. The barbs struck Aguero in the stomach and upper chest area. At about the same time that Aguero was Tased, another officer sprayed him with pepper spray, according to court files.
Although Aguero winced and asked why the officers were Tasing him, he rolled over and removed the wires from his body while tussling with officers, according to court files.
Shortly afterward, Aguero got into a fighting stance and was about to swing at Gallacinao, but Gallacinao backed up, according to court files. The officers gave Aguero some space, and he exited the gate of the tow yard, the report said. Aguero then passed by the patrol car, entered the car and locked the doors.
Officers began firing after Aguero put the car into reverse and accelerated, a Marx Towing employee said. Both Gallacinao and Mora fired Glock pistols at the police cruiser, the report said.
Aguero then turned the car in the exact opposite direction and got stuck across the street, according to court files. The employee believed that police shot out the tire of the car. The employee also told police that Aguero was out of control and did the exactly the opposite of what police told him to do.
One officer reportedly said he heard Gallacinao say, “He’s going for the guns,” and prepared to fire at Aguero if he obtained any police firearms.
An officer said he heard someone – later determined to likely be Aguero – make comments on the police radio such as “I am shot; they are shooting me, mom … help, I am shot.”
Another officer reportedly said Aguero refused to exit the vehicle, and screamed, “I’ve been shot,” while waving his hands out the window. Court files indicated that police told him to keep his hands outside the windows, but he repeatedly pulled them inside.
Police eventually deployed a police dog, “Gus,” which bit Aguero’s left arm. Aguero responded by punching the dog in the face several times, according to police.
While this was going on, an officer used his Taser on Aguero’s chest, reached into the vehicle through the open window to take the car keys and open the locked door from the inside. Then, other officers grabbed Aguero and pulled him out of the car. Aguero continued to resist arrest, even as Rocha continued to Tase him, but eventually police were able to detain him using two handcuffs chained together, reports said.
Detectives found a 5-foot-long medieval staff inside Aguero’s towed car, according to court files. The top of the staff, which was detached, had a silver double-sided pointed dagger that was about 8 inches long.
Court files indicated that Aguero gave them a scattered account of what happened, saying that someone had towed his car after he had gotten a new battery for it.
He said the police department was closed on the days when he wanted a vehicle release, according to court files.
As for the incident at Marx Towing, Aguero said all he could remember was trying to run to a police car when police arrived and then ending up on the sidewalk, he said. Court files indicate that he recalled being sprayed with pepper spray, but had no memory of being shot by a Taser, struck with a baton or bit by a police dog. He also did not recall anyone firing a gun.
He said he was trying to get an AR-15 assault rifle out of the vehicle to “hold them back,” according to court files.
“I’m kind of glad, glad I didn’t pull that thing out because it would have been a lot worse,” he reportedly said.
Police also said that Aguero mumbled during much of the interview and almost nodded off a few times, according to court files.
Overall, Aguero did not blame the arresting officers, saying, “They did a good job. They’re just trying to get by.”
As of Thursday afternoon, the DA’s office had not received results from test done on blood drawn from Aguero, DA spokeswoman Amy Cornell said.
Sgt. Jim Gillio said last week that both Gallacinao and Mora are back on duty because preliminary investigations indicate they did not commit any violations by discharging their weapons. A full administrative review of the officers, which is underway, will likely take 30 to 60 days to complete, he said.
