Asking Michigan's Attorney General to Investigate Oscar Herrera's Killing by Police

Asking Michigan's Attorney General to Investigate Oscar Herrera's Killing by Police

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Melina Lesus started this petition to Attorney General, Michi Dana Nessel

Oscar Herrera was shot and killed by a police officer on April 28, 2021. His attorneys and his family wrote this open letter to Michigan's Attorney General, The Honorable Dana Nessel:

"Dear Attorney General Nessel:
Oscar Herrera was unlawfully shot and killed by a member of the Hillsdale County Sheriff’s Department on April 28, 2021. On June 25, 2021, the Michigan State Police completed its investigation into his death and forwarded the results of their investigation to the Hillsdale County Prosecutor’s Office. As of this writing, more than two months no charges have been announced. Mr. Herrera’s grieving family and their attorneys, Romanucci & Blandin, LLC, respectfully request that your offices intervene to ensure a thorough, expeditious, and impartial investigation and decision on whether the officer responsible should face criminal charges and
prosecution.

Oscar was at his home spending time with his thirteen-year-old dog, Rico, on the evening of April 28. A deputy—whose name has yet to be released to the public—of the Hillsdale County Sheriff’s office responded to his home following a neighbor’s complaints that Rico was loose on his property. When the deputy arrived, both Oscar and Rico were inside the home and not bothering anyone. There was no evidence that Oscar had committed any crime or municipal code violation.
Nevertheless, the deputy loitered around Oscar’s home to confront him. He knocked on the front door and received no response but a barking dog. He knocked on the back door and received no response for several seconds. Ultimately, Oscar opened the door and Rico ran towards the
officer, allegedly biting him. While this was happening, Oscar attempted to corral Rico, but before he could do so, the deputy shot and killed the dog who Oscar would soon call his “best friend.”

After the deputy shoots Rico, he screams and curses at Oscar to get down on the ground, and Oscar complies. Over the next several minutes, Oscar asks the deputy why he shot Rico and asks if the deputy is also going to shoot him. For several minutes, the deputy had his Taser trained on Oscar. Ultimately, Oscar takes two steps toward the officer, the officer draws a pistol, and shoots six bullets in Oscar’s direction, striking him three times. The deputy places his hands over his
body worn camera several times following the shooting. Ultimately, Oscar is pronounced dead on the scene.


Oscar’s family has suffered greatly in the months since his death. Having received no contact from the Hillsdale County Prosecutor since the Michigan State Police’s investigation was turned over to them has intensified that grief. Their confidence that a local prosecutor is committed to seeking justice for Oscar has been shaken.
For this reason, we ask you to open an investigation and review of the conduct of the officer who took Oscar’s life. An investigation and review of whether the deputy should face charges should be conducted by Michigan’s highest law enforcement official. In the past, you have not hesitated to open investigations into members of law enforcement under your commitment to focus “special attention on officer-involved shooting and in custody deaths.” We ask that you honor Oscar with the same attention."

The family has recently learned that The Hillsdale County prosecutor has declined to charge the officer who shot Oscar, though they did not even extend the courtesy of contacting them. The Hillsdale County prosecutor, who works closely with the Hillsdale County Sheriff's Office, will certainly not be requesting a review of its own decision and so we are asking that champions of human rights and police reform sign this petition to urge The Honorable Dana Nessel to intervene and conduct an investigation so that one Michigan police department investigating another and turning over those findings to a prosecutor they work with is not the final word in determining that Oscar's death was warranted.

0 have signed. Let’s get to 2,500!
At 2,500 signatures, this petition is more likely to get picked up by local news!