Federal authorities probe fatal shooting by marshal in L.A.

Federal authorities have launched a criminal investigation into the actions of an off-duty deputy U.S. marshal who fatally shot a man in an alley two years ago after a night of drinking.

The probe into the shooting by Matthew Itkowitz on March 5, 2008, was disclosed in documents filed last week in U.S. District Court in Los Angeles. Prosecutors from the Justice Department’s Civil Rights Division in Washington, D.C., and FBI agents in Los Angeles are trying to determine whether Itkowitz violated 26-year-old Ryan Gonzalez’s civil rights when he shot him five times after an altercation behind the tattoo parlor where Gonzalez worked.

Itkowitz described the shooting as an act of self-defense, telling police he opened fire in the midst of a beating in which he was also being threatened with a gun, records show.

Prosecutors from the Los Angeles County district attorney’s office concluded that Itkowtiz’s account was “patently inconsistent” with footage from a surveillance camera mounted in the alley off Melrose Avenue. But they ultimately concluded that there was insufficient evidence to prove that Itkowitz was not acting in self-defense.

The footage, made public by The Times last week, shows Gonzalez twice knocking Itkowitz to the ground and at one point brandishing what authorities said appears to be a gun. But Itkowitz does not open fire until after the confrontation has ended.

The footage shows Gonzalez walking away and waving back at Itkowitz for him to do the same when Itkowitz pulls a gun from his rear waistband and tucks it behind his leg. When Gonzalez turns and begins walking back toward Itkowitz, the off-duty deputy marshal pulls out his gun and begins firing. As Gonzalez flees down the alley, Itkowitz chases after him, firing a total of five shots.

Three bullets, including the fatal round, struck Gonzalez in the back, according to coroner’s records.

The incident began after Gonzalez, a muscular ex-con, intervened in an argument between Itkowitz and his wife, Alexandra. She had run to Gonzalez and several other people in the alley pleading for help, saying she was afraid of her husband, witnesses told police. After the shooting, police found Alexandra Itkowitz hiding under a car. She told officers she was afraid her husband was going to shoot her.

Matthew Itkowitz, who remains on duty with the marshal’s service, has declined to be interviewed about the shooting.

After the district attorney’s office declined to file charges, federal prosecutors subpoenaed the its investigative materials and began their own inquiry. The federal investigation will delve into whether Itkowitz violated Gonzalez’s civil rights while acting in his capacity as a deputy marshal or “under color of law.” In this statement to police, Itkowitz said he told Gonzalez at some point during their confrontation that he was in law enforcement.

The court documents filed this week were part of a civil case Gonzalez’s family has filed against the government, alleging that Itkowitz was acting in his official capacity when he killed Gonzalez.

Attorneys defending the government asked a judge to prohibit local authorities from turning over evidence in the case to the family’s attorney, arguing that by doing so, they may impede the criminal investigation.

Attorney Michael J. Grobaty said he plans to fight that request at a hearing next month. Grobaty said he had received virtually no information from police or prosecutors about the shooting until earlier this month, when they turned over the video surveillance footage.

Grobaty said prosecutors once offered to provide some information, but only on the condition that he sign a protective order promising not to share it with anyone outside the case. Grobaty said he refused. He said he told prosecutors that people had a right to know the details of what happened that night and that he intended to make public whatever information he received.

The district attorney’s office released a report detailing the reasons for declining to prosecute Itkowitz. But the report did not address several seemingly relevant issues. For example, there were no details regarding the gun Gonzalez allegedly pointed at Itkowitz before being shot, such as the make and model and when and where it was recovered.

Sandi Gibbons, a district attorney’s spokeswoman, said the weapon was found in the alley near where Gonzalez was first shot. The discovery of the weapon by police would presumably be captured on the surveillance recording, but Grobaty said the footage turned over to him ends minutes after the shooting.

The restaurant owner who turned over the footage to police said in an interview with The Times that the camera remained on for hours after the shooting and that that footage would have been available to investigators.

It also remains unclear whether police administered a blood alcohol test to Itkowitz, who admitted consuming five tequilas on the night of the shooting and whose wife said he had seven. Nor is it clear why police apparently did not interview Itkowitz that evening.

Gibbons said prosecutors in her office were prohibited from talking because of the Department of Justice’s ongoing interest in the case. Det. Mike Oppelt, who lead the Los Angeles Police Department’s investigation, said he could not answer any questions because there was a pending personnel complaint related to the case. He declined further comment.

Grobaty said he was mystified by all the secrecy surrounding the case.

“Why they don’t want the mother of a young man who was killed by a U.S. marshal to know the circumstances of his death is a complete mystery,” he said. “But rest assured: We will get answers to all of our questions.”

scott.glover@latimes.com