Family of man killed in road rage shooting outside McDonald’s questions Columbia Police response

COLUMBIA, Mo. (KMIZ)

The family of the man killed in a May shooting outside a McDonald’s in south Columbia says police might have acted too slowly in giving him emergency medical aid before his death.

"The police came up to him, laying on the ground, fighting for his life, and they just, they handcuff him," said Nigel Gonzalez, the oldest brother of Derek Gonzalez. "It's a very crass thing to do."

Police say Derek Gonzalez and Ryan Woods “encountered each other in traffic” on May 18. The drivers pulled into the McDonald’s parking lot, and a confrontation led to both men firing shots. Woods' passenger, Taylor Crawford, was shot along with Gonzalez. Gonzalez was later pronounced dead at a hospital, and Crawford recovered from her injuries following surgery.

Shortly after the shooting, police said the Boone County prosecutor would not file charges against Woods. In September, Boone County Prosecutor Roger Johnson wrote a letter to Columbia Police Chief Jill Schlude saying no criminal charges would be filed.

"We have concluded that Ryan Woods’s actions were justified as self-defense and defense of another," the letter read.

Following Johnson's letter, the Gonzalez family received the evidence file in Derek Gonzalez's case. The Gonzalez family shared that file with ABC 17 News.

Body camera footage included in the file shows Columbia Police officers arriving and approaching Derek Gonzalez, face down on the ground after being shot. An officer is directed to detain Gonzalez. The officer then attempts to handcuff Gonzalez until firefighters and medics arrive to try to provide life-saving care.

"Could his life have been saved if these life-saving measures were given in a timely manner?" said Emilee Preciado, Derek Gonzalez's younger sister.

WARNING: Video contains content that might disturb some viewers.

Witness accounts from police reports obtained through the discovery file say shots were first heard between 12:20 p.m. and 12:30 p.m. The incident report shows the first officers arrived at the scene at 12:39 p.m. Officers first approached Gonzalez, lying on the ground, at 12:46 p.m., and fire and EMS arrived at 12:47 p.m. Medics took Gonzalez to the ambulance for transport at 12:52 p.m.

Johnson addresses the time it took to provide aid briefly in his letter to Schlude.

"An investigator for the Gonzalez family indicated concern that police had left Gonzalez on the ground and never provided first aid," the letter states. "Officer body cameras, however, show that the Columbia Fire Department arrived very quickly. The police officers first on scene worked to secure the area and make it safe for medics. While officers were attempting to secure Gonzalez, medics from the fire department arrived and took over medical care. So, while it is true that officers did not render first aid, that is because Fire Department medics responded so quickly and immediately took over care."

Johnson's statement aligns with protocols that Columbia Assistant Police Chief Mark Fitzgerald explained during an interview with ABC 17 News. He declined to talk about the details of this particular case, however.

"Our lane to get the best care for a suspect is to ensure that the scene is safe and secure for the paramedics to come in," Fitzgerald said.

But members of the Gonzalez family say there was no need to "secure" Derek Gonzalez, as he was already down, not moving, and severely hurt.

"Our son was not a threat once he had been shot," said Jorge Gonzalez, Derek Gonzalez's father. "They should have rendered aid immediately. Seeing that our son was unresponsive, he was thrown on the ground, he wasn't moving."

Fitzgerald said officers are trained to focus on three things when they respond to any scene: preserving life, preserving peace and preserving property.

"Preserving life is going to be the highest priority," Fitzgerald said. "The arrest and the investigation can come after the medical care is provided for."

Fitzgerald said officers also receive first-aid and CPR training in the police academy. Officers are also equipped with medical supplies in every police car.

"They have tourniquets, they have quick clot, bandages, gauze," Fitzgerald said. "Some things that would be in a normal trauma medical kit."

The Gonzalez family says CPD officers broke protocol by failing to provide first aid and medical care to Derek immediately before fire and EMS arrived.

"They didn't follow protocol at all," Jorge Gonzalez said. "I'm sure they got CPR training and how to apply pressure to wounds or to do something to preserve the life of the victim, but none of that was taken into consideration. None of that action was taken."

When an ABC 17 News reporter asked Fitzgerald to review the body camera footage of officers trying to handcuff Gonzalez, he declined.

Now, the Gonzalez family is calling on CPD to provide some answers to explain their actions in the body camera footage.

"It'll never make it better, but I think we as a family deserve an explanation as to why those steps were taken," said Lionel Gonzalez, Derek Gonzalez's older brother.

They are asking for possible discipline for the officers.

"There has to be something done, at least a statement, if not some type of reprimanding of the people that didn't actually follow protocol properly," Nigel Gonzalez said.

CPD says Derek Gonzalez's case is still open, and the investigation is ongoing, but the department would not elaborate on why the case hasn't been closed. No lawsuits have been filed by the Gonzalez family or any of the other involved parties, though the Gonzalez family says they're exploring their options.