Family of man killed during confrontation with sheriff’s deputy sues department

The family of a 50-year-old man with mental health issues who was shot and killed by a Los Angeles County sheriff’s deputy at a Valencia mall last year is suing the department, alleging the deputy failed to de-escalate the situation and call for backup before the deadly shooting.

Relatives of Christopher Mercurio allege in the lawsuit filed Wednesday that sheriff’s officials failed to recognize that Mercurio was having mental health issues at the time of the Jan. 11, 2023, confrontation at Westfield Valencia Town Center.

“Instead of deploying a team that could de-escalate the situation, or calling for the Mental Evaluation Team, they sent one single officer to handle the situation,” the lawsuit states.

Los Angeles County Sheriff’s Department officials did not immediately respond to a request by The Times for comment.

Body camera video of the incident shows Deputy Lorena Gonzalez responding to the mall that night after authorities received a call about a transient sleeping at the mall, according to the lawsuit.

Video previously released by the Sheriff’s Department shows the incident quickly escalated, with Mercurio threatening Gonzalez after she approached him near a parking lot.

Christopher Mercurio was killed during an encounter with a sheriff’s deputy in 2023.

(Los Angeles County Sheriff’s Department)

“I’m going to sleep right here, so you can do what you want to do,” Mercurio said. “Either protecting the fan or I’m going to f— destroy your f— human being, understand?”

Mercurio makes comments about Iran and China, and describes himself as “security for the whole country” before appearing to reach for Gonzalez.

In the lawsuit, Mercurio’s family alleges it was clear Mercurio was having mental health issues.

In the video, Mercurio is walking toward Gonzalez while the deputy is pointing her handgun directly at him, and telling dispatch she is in a fight. Mercurio appears to continue walking and reaches toward Gonzalez, despite being told to stop.

“Get off me,” she is heard saying in the video. “I’m going to shoot you, dude.”

“Shoot!” Mercurio is heard saying, before Gonzalez fires her weapon twice.

Video shows that Mercurio continued walking toward Gonzalez after the first shot.

Mercurio was later pronounced dead at a hospital. Gonzalez was treated at a hospital and released.

The lawsuit alleges Mercurio was not armed at the time and did not threaten Gonzalez.

“There was no possible way ... [for Mercurio] to cause any harm to Defendant [Gonzalez],” the suit alleges.

Mercurio’s family is seeking an undisclosed amount in damages.