Jurors began hearing evidence Monday in the retrial of a man charged with murder for engaging in a gunfight with Los Angeles police that killed a store employee who was struck by an officer’s bullet.
Deputy District Attorney Ani Bailey told the downtown Los Angeles jury that Gene Evin Atkins “made a series of deliberate and violent choices” and led police on a “reckless, high-speed chase” that ended in a deadly confrontation that killed a woman who was “simply doing her job.”
The prosecutor said police did not return fire the first two times the defendant fired at officers but that police fired back after Atkins crashed his grandmother’s blue Toyota Camry outside the Trader Joe’s store and immediately fired at police as he left the vehicle.
The 27-year-old victim, assistant store manager Melyda “Mely” Maricela Corado, got caught in the crossfire, the prosecutor said.
Atkins, now 36, was not in the downtown Los Angeles courtroom as evidence began in his trial, and his attorney, Errol Cook, opted to wait until the defense’s portion of the case to give his opening statement.
The jury is being asked to decide a second-degree murder charge, along with allegations that Atkins personally used and discharged a firearm during the crime.
On June 9, the first jury to hear the case against Atkins convicted him of 40 other counts that could carry a potential life prison term, but acquitted him of the most serious charge of first-degree murder and deadlocked 10-2 in favor of guilt on second-degree murder involving Corado’s shooting death.
The first jury spent about three days in deliberations before finding Atkins guilty of 24 counts of false imprisonment of a hostage, four counts of assault with a firearm on an officer, three counts of attempted murder, two counts each of mayhem, assault with a semiautomatic firearm and attempted carjacking, along with one count each of fleeing a pursuing peace officer’s motor vehicle while driving recklessly, assault by means of force likely to produce great bodily injury and driving or taking a vehicle without consent.
In a brief opening statement in the retrial, the prosecutor told jurors that Atkins had first opened fire on a 17-year-old girl who had been in his bedroom and then on his 76-year-old grandmother at the woman’s South Los Angeles home before fleeing in his grandmother’s vehicle with the injured teenager. He subsequently led police on a chase that spanned more than nine miles before he crashed the car, according to the prosecutor.
Atkins finally surrendered about three hours later at about 6:30 p.m. that day, just over three hours after he ran inside the store, Bailey said.
In a statement released after the jury’s verdict, District Attorney Nathan Hochman said, “On July 21, 2018, Gene Atkins went on a trail of terror, attempting to kill two people, trying to carjack innocent bystanders, engaging in a gun battle with police and holding dozens of terrified people hostage. Melyda Corado was needlessly killed, and others were gravely injured as a result of the defendant’s deadly actions. He may not have fired the shot that killed Melyda, but we still firmly believe he is responsible for her death.”
Then-Los Angeles Police Department Chief Michel Moore confirmed in 2018 that the bullet that killed Corado was fired by an officer — not by Atkins. The prosecutor noted that Atkins was charged with murder for Corado’s shooting under the “provocative act” theory, telling jurors in his first trial that his actions “caused a lethal danger,” resulting in the woman’s “tragic” death.
At a December 2018 court appearance, Atkins told a judge that he had “no criminal record, but I have an extensive mental health record,” including a diagnosis of “bipolar disorder and a list of other disorders as well.”
At another court hearing in February 2019, Atkins said he was “sent here by Jesus” and didn’t understand anything.
“God bless you, sir,” he repeatedly told a judge, later adding that “I was sent here by Jesus” and that he was a “prophet.”
He was found mentally competent to stand trial in 2021.
Relatives of Corado filed a wrongful death and negligence suit in November 2018 against the city and the officers that eventually resulted in what attorneys said was a $9.5 million settlement.
The Los Angeles police officer who fired the shot that accidentally killed Corado said in a sworn declaration that he had no choice but to open fire to protect himself, his partner and bystanders.
“I had no alternative but to fire my weapon at Gene Atkins in order to stop this deadly threat that he, himself, had created,” Sinlen Tse said in his sworn statement. “I fired based upon his actions and stopped when I realized he was moving into the Trader Joe’s entrance to avoid striking individuals inside.”
In a 2020 memorandum, the Los Angeles County District Attorney’s Office found that Tse and Officer Sarah Winans were “justified in using deadly force in an attempt to stop” the suspect.
“After the crash, Atkins immediately exited the Camry and fired his handgun three times at Tse and Winans as he ran into the Trader Joe’s,” according to the memorandum from the District Attorney’s Office.
“Tse and Winans returned fire in an attempt to stop Atkins from trying to injure or kill them or civilians in the Trader Joe’s. Atkins showed no consideration for the lives of others and it was reasonable and lawful for Tse and Winans to use deadly force to protect themselves and the public.”
The District Attorney’s Office noted that “no bystanders were visible” behind Atkins or in the line of fire when the officers fired at the suspect, with the evidence suggesting that Corado was “accidentally struck by gunfire when she ran toward the front doors” of the store after the vehicle crash.
“Neither I nor Officer Winans fired any additional shots due to the concern regarding the patrons inside Trader Joe’s, demonstrating one of several instances where Officer Winans and I showed restraint, control and reverence for human life,” Tse said.
Tse said he never considered pursuing Atkins inside the market, saying that would have only put more patrons and employees in danger “due to the poor decisions Gene Atkins was making and the fact he had no regard for human life, except for his own.”
Tse said he learned later that one of the five shots he fired proved to be the one that mistakenly killed Corado. Atkins did “absolutely nothing” to help Corado for nearly 20 minutes despite knowing she was injured, Tse says.
In her declaration, Winans said there came a point where Atkins posed as much of a deadly threat to the Trader Joe’s patrons as he did to her and Tse.
“No longer could I avoid the unfortunate need to fire my weapon to stop Gene Atkins’ deadly actions, but I also was forced into this situation based upon the deadly actions that Gene Atkins had demonstrated he was capable of engaging in,” said Winans, who fired three shots.
“My heart goes out to her family for their tragic loss,” Tse said.
Following the settlement with the city, the Corado family issued a statement through their attorneys, saying: “Nothing will bring Mely back to us and we are forever heartbroken by her violent death caused by those who are meant to protect and serve the community. We will keep her memory alive always. We hope this settlement sends a loud message to LAPD and all law enforcement agencies across the country that officers must account for their surroundings when firing their guns.”