No charges for Vallejo detective who killed Sean Monterrosa in 2020

VALLEJO – California Attorney General Rob Bonta announced Tuesday that an investigation by his office found there was “insufficient evidence to support criminal charges against” Vallejo Police Detective Jarrett Tonn in the 2020 fatal shooting of Sean Monterrosa. 

Bonta said in a press release that after reviewing all available information, there was “insufficient evidence to prove beyond a reasonable doubt that the officer did not act in self-defense or in defense of his partner officers.”

Tonn shot Monterrosa in the back of the head from an unmarked police truck on June 2, 2020, as Vallejo police and other agencies responded to widespread protests and looting in response to the police murder of George Floyd in Minneapolis. Monterrosa, a 22-year-old construction worker from San Francisco, sent his sisters a link to a petition seeking justice for Floyd hours before he was killed. 

In a 29-page report, the California Department of Justice noted that since Tonn believed the hammer Monterrosa had on him was a gun, he was justified to shoot, believing he and his fellow officers were in danger. 

“The law is clear that an officer’s actions may not be viewed with the benefit of hindsight,” the report states. “Instead, circumstances should be viewed as they appeared to the officer at the time, taking into account that officers may be forced to make quick judgments about using deadly force.” 

The shooting happened amid large-scale protests in Vallejo. Initially, the city kept the fact that someone had been killed quiet for nearly 40 hours, while calling a press conference to condemn the looting.

Solano County District Attorney Krishna Abrams recused herself from investigating Monterrosa’s death, saying the public didn’t trust her office to handle it adequately. She attempted to give the files of that shooting, as well as the investigation into the 2019 Vallejo police killing of Willie McCoy, to the Justice Department. But then-Attorney General Xavier Becerra told Abrams it was her job to do it. 

When Becerra left the Justice Department to join President Joe Biden’s cabinet, Bonta was appointed Attorney General, a move that received initial support from Monterrosa’s sisters, Ashley and Michelle. 

On May 13, 2021, Bonta agreed to take up the investigation into Monterrosa’s killing, looking specifically at whether Tonn should face criminal charges for the shooting. It was his Tonn’s fourth shooting since becoming a Vallejo police officer. 

“It’s past time Sean Monterrosa’s family, the community, and the people of Vallejo get some answers,” Bonta said when he announced his office would take the case. 

But as the years went on, the Monterrosa family didn’t get any answers, telling the Vallejo Sun in June – the third anniversary of their brother’s death – that they hadn’t received any updates on the case. The Monterrosa family said Tuesday they wouldn’t be discussing Bonta’s decision, instead referring to their attorney, Lee Merritt. 

Merritt told the Sun that the Monterrosa family met the Justice Department prior to Tuesday’s announcement and asked several things, including about why it took so long. 

“Obviously we weren’t too satisfied with his answers,” Merritt said. “Bonta’s performance has been disappointing.”

Merritt said the family is at least relieved to know what the state’s decision was, even if it wasn’t what they wanted. The family still has a federal civil rights case pending, with a trial date set for next fall. 

Merritt said now that the criminal review is complete, they can proceed with aspects in that case, like deposing Tonn and others involved. 

Tonn was initially fired for his role in the shooting, but has since returned to the department following an arbitration process that found then-Chief Shawny Williams waited too long to discipline Tonn. 

The Justice Department also took up an investigation into the destruction of the windshield Tonn shot through to kill Monterrosa. “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,” Bonta said in Tuesday’s statement. 

A drone that also allegedly captured the shooting had all of its memory rendered useless, but the Justice Department did not investigate how that happened.

The Justice Department also has been engaged in a policy and practice review of the Vallejo Police Department since shortly before the Monterrosa shooting. The announcement on Tuesday also highlighted several of the steps that the department has taken as part of that effort, including a policy change that prohibits officers from shooting at or from moving vehicles. That policy took effect days after another officer wounded a suspect who was driving away from a burglary scene in June.

But Vallejo police failed to complete 45 required reforms as part of that review. Because of that, Bonta's office announced in October a stipulated judgment with the Vallejo Police Department to put the department under court oversight. But the judge assigned to the case indicated he may throw it out. Bonta’s office is seeking to have that judge recused from the case.