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Sonoma County District Attorney
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District Attorney - County of SonomaSTEPHAN R. PASSALACQUA
SONOMA COUNTY DISTRICT ATTORNEY


600 ADMINISTRATION DRIVE, RM 212-J  
SANTA ROSA, CA 95403 (707) 565-2311

Press Release
FOR IMMEDIATE RELEASE
Date: 11/07/03

Contact person(s): Media Coordinator, Donna Edwards (707) 565-3098
Media Spokesperson, Chief Deputy Larry Scoufos
Deputy District Attorneys: Christine Cook and James Patrick Casey

Santa Rosa, Sonoma County, California

NO EVIDENCE OF CRIMINAL WRONGDOING IN DEATHS AFTER TRAFFIC STOPS

District Attorney Stephan Passalacqua announced that his office has completed separate investigations into the deaths of Luis Solario Gonzalez and Seth Micah Warde, pursuant to the Sonoma County Officer Involved Critical Incident Protocol. Both men died after routine traffic stops by law enforcement officers.

In the case of Mr. Gonzalez, Deputy Sheriff Reynaldo Basurto stopped a vehicle on February 28, 2002, for a traffic violation in the area of West Robles and Moorland Avenues. The deputy recognized the driver and Gonzalez, a passenger, as subjects he had arrested for possessing a large quantity of methamphetamine the previous month. The driver was arrested for driving without a license and Mr. Gonzalez was detained in the patrol vehicle of Deputy Sheriff Frank Cooper, who arrived as a back-up to Basurto. During the search of the vehicle, Cooper noticed Gonzalez to be experiencing seizure-like distress. An ambulance was dispatched while Cooper rendered first aid to Gonzalez. Efforts were made by the deputies to get information from Gonzalez, the driver and another passenger to determine if Gonzalez had ingested any substances or had a medical condition that was causing the distress. No information was provided to the deputies. Medics arrived on the scene, treated Gonzalez and transported him to Memorial Hospital, where he was pronounced dead a short time later.

During the autopsy, a large plastic bag with a hole in it was discovered in Gonzalez’s stomach. Dr. Robert Middleberg, a forensic toxicologist with National Medical Services, reported high concentrations of methamphetamine in the blood. Dr. Gregory Schmunk, Chief Medical Examiner of Santa Clara County determined that Gonzalez died of acute methamphetamine toxicity.

The investigation was conducted by the Santa Rosa Police Department and Assistant District Attorney Greg Jacobs and Deputy District Attorney Christine Cook reviewed this matter. The investigation concluded that Mr. Gonzalez accidentally died of a drug overdose following a voluntary ingestion of a large amount of methamphetamine. The investigation further found that there was no action or failure of action by the sheriff deputies that either caused or contributed to Mr. Gonzalez’s death.

Mr. Warde was stopped on July 10, 2003, by California Highway Patrol officer Leon LaSage. The stop took place at the Canyon Road off-ramp of Highway 101, northbound in Geyserville. Officer LaSage’s radar had clocked the pick-up truck being driven by Mr. Warde at 85 M.P.H. Officer LaSage soon determined that the truck was stolen. Sonoma County Deputy sheriff Dave Smith arrived at the seen to act as back-up to Officer LaSage. As Officer LaSage initiated the procedure for a felony stop, Mr. Warde, sitting behind the wheel of the truck, quickly placed a handgun to his head and fired a single fatal shot. Dr. Joseph O’Hara, Assistant Medical Examiner of Santa Clara County, confirmed the cause of death to be a gunshot wound of the head.
The Petaluma Police Department conducted this investigation, along with the District Attorney’s office. The investigation concluded that there was no wrong doing by the two peace officers. It was determined that both peace officers acted with complete professionalism. Deputy District Attorney James Patrick Casey reviewed this matter and was assisted by Senior District Attorney Investigator Andy Mazzanti.