Report gives testimony of two officers who killed Stephon Clark

Report released after district attorney decided not prosecute the two police for shooting the young man

Stephon Clark (Photo by Justin Sullivan/Getty Images)

A 775-page police report released by the Sacramento Police Department late Tuesday, tells the story of officers Terrence Mercadal and Jared Robinet. These polices officers allegedly shot at Stephon Clark 20 times, and killed him last March in his grandmother’s backyard, according to The Sacramento Bee.

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The report comes on the heels of an announcement by state Attorney General Xavier Becerra that the district attorney would not prosecute the two men in the highly controversial case.

Mercadal reported that he came around a corner to Clark’s grandmother’s backyard and was stunned when he saw the suspect pointing his hands as if to shoot him.

“When I come around the corner – the corner of the house –I- I left cover and I look and I see that same subject with his hoodie and sweatshirt pulled up and his arms pointed out extended like this,”  the officer said.

“At which time I looked and based on the light coming off of my – my tactical light –it appeared I thought that he had already shot at me because I saw what I believed to be a metallic reflection or muzzle flash – something coming at me,” he said. “So I – I was scared. I thought that he had shot at me. I think I remember yelling, ‘Gun,’ and I ducked back behind the corner of the house for cover.”

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The officers were dispatched by 911 after receiving a call that someone was breaking into car windows.

Mercadal said he had to stop “to kind of get my bearings.”

“Did I see what I thought I saw?” he remembered thinking, according to the transcripts.
“I – the first thing I thought I was like, ‘Wow, that was stupid of me to come around the corner that fast,’ you know. And – and I remember thinking, I’m like, ‘This guy’s freaking shooting at,’ I was like, ‘Is that a gun? He’s shooting at me.’

“And it was kind of surreal. It was almost like slow motion and I was like, ‘This dude’s freaking shooting at me. How am I – he’s really shooting at me.’ And so I remember, you know, ‘Get out of the way, dummy.’”

Robinet then joined him and was by his side. According to the transcripts, Mercadal then took another look around the corner.

“And I poked my head back out around the corner way further than I should’ve put it out there, and I see that the subject is advancing towards us,” he said.

Mercadal said he hid behind a corner and Robinet said he saw Clark standing about 15 to 20 feet away in an “isosceles position.” A position described as a shooting position, the transcripts in the police report show.

“It was hard to see – make out anything clear. All I saw was a subject in dark clothing standing in that position with his hands punched out with something in his hands. (Mercadal) yelled gun,” Robinet said.

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He continued: “I honestly was really surprised that I hadn’t heard gunshots yet,” he continued. “And to protect myself and – and (Terrence) I fired what I thought was five rounds on scene. And later thought was maybe more.”

“I was scared – like I say I was scared he was going to shoot us,” Robinet said. “I really felt like that was a gun.”

Robinet said he feared he and his partner would be shot.

“To be frank it was, ‘Oh s—,’ Robinet said. “And that’s also when – you know I was really surprised that he hadn’t started shooting on us.”

The officers fired 20 shots. Seven of then struck Clark and fatally killed him

“He didn’t say a single thing,” Robinet said.

The testimony was recorded by police investigators in the hours following the Clark shooting.