State supports local DA in deputy shooting case
The state attorney general agreed last week that a Plumas County deputy acted lawfully when he fatally shot a man who was attacking him in 2013.
The state's ruling supported the Plumas County district attorney's finding that Deputy Tom Klundby acted in self-defense when he shot Mariano Mauro during a violent struggle at Eastern Plumas Health Care.
District Attorney David Hollister submitted his office's findings to Attorney General Kamala D. Harris for review.
On behalf of Harris, Deputy California Attorney General Barton Bowers wrote in a June 16 letter, "The Plumas County District Attorney's Decision not to prosecute Deputy Klundby for any crime is not unreasonable under all circumstances."
The Plumas County District Attorney's Office released its 18-page investigation report Jan. 27.
"Had Tom not been there, or had Tom been disabled (during the struggle with Mauro) there was a legitimate concern by that hospital staff as to what could have happened," Hollister said days after releasing his report. "The overwhelming credible evidence shows Deputy Klundby acted in self-defense and the defense of others."
The written report is available in its entirety on the Plumas County website (http://bit.ly/1biibKg).
Klundby, who responded to a 911 call from a hospital staffer about 1 a.m. on Oct. 20, 2013, was the only officer at the scene.
An agitated Mauro, whose aggressive and threatening behavior toward staff members prompted the 911 call, attacked Klundby shortly after the deputy arrived.
During a struggle that lasted several minutes, Mauro managed to get a hold of Klundby's Taser and baton. He also managed to fire a shot after getting a hand on the deputy's holstered gun while the two men were on the ground.
Despite repeated warnings that the deputy was going to shoot him, Mauro swung the baton at Klundby's head, missing the deputy's face by inches.
Klundby responded by rapidly firing four shots, fatally wounding Mauro.