Suspect Becomes a Victim

Los Angeles:  A suspect, who had pointed a gun at an intended victim, was shot by the man instead. 

On Sunday, June 1, 2008, at around 12:55 a.m., Rosalio DeLa Rosa, 22-years of age, and his accomplice, a 17-year-old juvenile where in a market near Parthenia Street and Woodley Avenue.  The pair became involved in a dispute with Anthony DeLa Cruz while at the market.

During the dispute DeLa Rosa claimed his gang affiliation and asked DeLa Cruz “where you from.”  DeLa Cruz denied any gang ties and left the market in his vehicle.  DeLa Rosa and the minor followed DeLa Cruz in their vehicle, brandishing a gun at DeLa Cruz several times before using their vehicle to stop DeLa Cruz’ vehicle.

As DeLa Rosa got out of his vehicle he pointed a gun at DeLa Cruz. DeLa Cruz, in fear for his life, fired his own gun at DeLa Rosa, striking him once and causing him and the gun to fall to the ground. The juvenile then picked up the gun and fired the weapon at DeLa Cruz, but it misfired.  DeLa Cruz fired at the minor, striking him once in the torso. 

DeLa Cruz fled the location and flagged down a police unit who was responding to the shooting call.  He was immediately detained.

DeLa Rosa and the minor were both transported to a local hospital where DeLa Rosa was pronounced dead.  The minor was treated for his injury and later booked for murder and is being held without bail.  DeLa Cruz was booked for manslaughter and is being held on $100,000 bail.

Anyone with information about this crime is asked to call Van Nuys Homicide Detectives M. Martinez or L. Lowande at (818) 374-0040.  On off hours, weekends, and holidays call the toll free number 1-877-LAWFULL (529-3855).

Comments

[NDynamite]

Can anyone explain to me why somebody obviously defending himself was booked for manslaughter? Sounds like he did the city a service, why is he being punished? Must be some other mitigating circumstances.

[PeekyPannie]

Some dude saves his own life by defending himself with a pistol (probably illegal) and homocide books him for manslaughter.

Good job with the DA reject.

Hopefully the CA doesn't hit him with a CCW charge.

[Centurion]

What the?!?!?! The victim was booked! It sounds like in the press release De La Cruz did everything he could to avoid a violent confrontation, and he still he gets booked. We should pass the hat around roll call for his bail. I see the DA REJECTING this case, and we hope that De LA Cruz is still willing to go to court to testify against the GANGSTER JUV SUSP.

[Dev2]

Well I don't know if the Vict was carrying his gun legally or not, but it sure sounds like justice served. And if the Vict is of descent character without a criminal rap sheet, I sure hope that the DA's office refuses to file charges. The filing DA's at San Fernando sure hate to file cases anyways, so it should not be a problem.

This is one case you can put in the file for the need for more concealed weapons permits being issued by the city. If these gangsters knew that they confronting an armed person they more than likely would not have confronted him in the first place. Regardless, job well done 2 more idiots off of the streets that your family and my family don't have to deal with.

[J Q Public]

Wait, what?

The victim stood up for himself and officers decided to arrest him?! The man is fearing for his life and safety and uses a firearm to protect himself against someone with a firearm and he is charged with manslaughter?

And the first thing the officer's think to do is IMMEDIATELY DETAIN him?

What an unfortunate day for California. Defending yourself is a crime. Whatever happened to the 2nd Amendment?

If the man was unarmed he'd have been DEAD.

A sad day, indeed.

[Jakub]

I don't understand... DeLa Cruz seems to be clearly innocent, protecting himself from an armed aggressor.

1. Why would he be accused of anything? [I'm not from the USA, I don't know your law system, but it seems strange]
2. Where did this story come from -- is it a story composed of witnesses' statements, or told by DeLa Cruz?

[alice]

There you go again, JQ Public - so quick to blame the officers for everything. That's your goal in every post - to make them the bad guys. Your viewpoint seems to be consistantly one-sided.

They HAVE to detain him. There is a person dead, and another wounded. I totally agree that this sounds as if the guy was only defending himself, and had no choice. But the officers on the street cannot accept everything at face value at the scene. Do you think everyone tells them the truth after an incident?? Do you really think that you know everything that happened, just by the brief description given? There has to be follow-up and an investigation. Until they have all the answers, they have to hold him. If the initial story turns out to be true, the DA will probably not have a winnable case for manslaughter. The most they might get him for is a weapons charge.... and they may not file for that.

[DevP2]

This is one subject where I think most officers would agree with you JQ Public. However a low ranking police officer does'nt make the call on who to book. And as far as him being immeadiatley detained, you should defiantley detain the person until you establish if there is probable cause to arrest. Remember JQ Public it only takes a reasonable suspision that a crime has occurred, going to occur, or is in progress and the person to be detained is somehow involved in that crime. Therefor the Vict would be detained, but if the facts are as stated in the press release above it would have been a question and release only in my book.

[ron]

I think the guy should be given a medal. I guess if these two came up to me I would be dead. I don't carry a gun. Good thing he had one or he might be DEAD!!

[J Q Public]

Alice, at no time did I point any blame towards officers whatsoever. All I stated was their immediate inclination was to detain him. This was followed by an arrest and a $100k bond. I guess now you have no problem with officers living by the book, yet when an officer shoots a suspect with a gun the immediate response is one of overwhelming support for the officer. The two-facedness of this astonishes me.

As a citizen, where the fault lies here does not matter to me, be it management or the front line personnel.

All that matters to me is that a victim defended himself and was booked and charged with a crime: manslaughter. LAPD as a department bears blame for such a decision being even remotely possible.

I look forward to additional details. The arrest affidavit ought to be public information. I can't wait to see what the DA does with this.

[Gabe]

Any prosecutor worth his or her salt declines charges in connection with the homicide, determines whether the facts support a misdemeanor weapons charge, files that charge and takes a plea deal for probation.

By the way, I saw on 60 Minutes that the Army has some sort of ray gun that can disable someone from some distance away. What we need to do is mount that on a satellite, aim it at Los Angeles, and program the software to fire at anyone who says "where you from."

[UNKNOWN]

The statement was taken by De La Cruz the statement from the minor is not being told, we shouldnt judge somebody for what the newspaper is telling us to believe. De La Rosa and the Minor are not gang members they both play sport for their local School and Colleges. The only statement that they put on the newspaper is from De La Cruz so he is saying thing to cover him up.

[Citizen]

J Q Public

The police dont charge anyone for crimes. The police arrest and the DA charges. SO he was not charged with manslaughter