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Stephen Ramos: NO CHARGES for 'trigger-happy' cop who shot dead 13-year-old Andre Hernandez

Neither the first nor the second civilian killing that Stephen Ramos was responsible for has resulted in an indictment

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SAN ANTONIO, TEXAS: A San Antonio police officer who fatally shot a 13-year-old boy in June 2022 will not be charged with any crimes, despite the family's plea for justice. According to a statement from District Attorney Joe Gonzales on February 16, a Bexar County grand jury declined to indict officer Stephen Ramos in the fatal shooting of Andre Hernandez.

On June 3, 2022, Hernandez was operating a stolen Toyota Corolla when he slammed it into an approaching police squad car. The incident of the youngster being fatally shot in the abdomen by police was caught on camera. According to newly released footage, Ramos shot him while he and two colleagues arrived at a scene of a reported gunfire involving a red car. 

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What does the footage show?

According to the footage, Hernandez rammed into them just as Ramos' partner, who was identified as "Espinoza," is seen pulling his leg back into the car. According to San Antonio police, Hernandez threatened Espinoza's life. Earlier, Ramos, Espinoza and a third person, identified as "Officer Claire", arrived at the site around 1:21 am on War Cloud Street. As Espinoza begins to exit the driver's side, Ramos cautions him, "Don't let him ram you!"

Ramos is then seen exiting the vehicle and firing at the approaching car. The footage then shows Hernandez geting out of the car and collapsing to the ground saying, "I'm shot, sir." The other passenger in Hernandez's car is heard telling the cops,"Please call his family! Sir!" Hernandez was taken to a hospital where he was declared dead. In a report, Ramos stated, "At this time, I believed the driver of the vehicle was using his vehicle as a deadly weapon to attempt to kill Officer Espinoza. I fired one shot at the driver of the vehicle to stop the threat to Officer Espinoza."

The Bexar County grand jury's proceedings are confidential, so the district attorney's office declined to comment. However, an 11-page report outlining the DA's investigation into the shooting claims, “It was reasonable for Officer Ramos to believe that Officer Espinoza was standing outside of his vehicle and was therefore being threatened with deadly force by the red Toyota as it accelerated towards him. 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 county's conclusions were based on Espinoza's body camera footage and the dashboard footage of their car. The county did not use Ramos' body camera, but could not explain why.

Not the first fatal shooting by Officer Ramos

This is not the first time that Ramos has been involved in a fatal shooting. In March 2021, Ramos was called to a report of John Pena Montez, 57, brandishing a knife, breaking into a house, and threatening to commit suicide after a dispute with his common-law wife. Two stun gun attempts by Ramos' colleague on Montez were unsuccessful. According to a police report, Montez then "lunged" and brandished a knife at the policemen, but family members deny this, and described him as a 'trigger-happy hothead.'

What is Andre Hernandez's family saying?

Andre's family and their lawyer have argued that the Corolla was not fast enough to pose a threat to Espinoza's life, and Ramos could have easily confirmed that the car was packed with kids. According to the Daily Mail, Hernandez's family attorney Lee Merritt, a well-known civil rights lawyer, announced that he is pursuing a federal civil rights case on their behalf. Hernandez's mother Lynda Espinoza is still hoping that despite what happened, people would still perceive her son as a human being. Hernandez's aunt Stephanie Martinez said, "He was a 13-year-old little boy grieving the loss of his sister, and they were really close. He was still a baby and hadn't even really started his life."

GoFundMe launched for Andre Hernandez

A GoFundMe launched by Lynda to collect donations for the funeral service of Andre had received $11,780 of its $20,000 goal at the time of writing.

The page reads, "Our beloved A.J Hernandez was unarmed when he was shot and killed by an SAPD Officer on 6/03/2022. Andre was a wonderful son brother, and friend who touched the lives of those around him. Andre was only 13 years old. We are all devastated by the loss of A.J and were not prepared for the high costs of a funeral service. We want to give A.J the memorial he deserves, to honor his memory and say our last goodbyes. I am currently asking for help from our family, friends, and community to help cover the cost of A.J’s funeral."