No aid provided for at least 2 minutes after police shot a man in McDonald’s in Rutland

A video released this week by Vermont State Police shows that after a Rutland City Police corporal shot and killed a man who was later found to be unarmed in a McDonald’s restroom this summer, no one rendered aid to the wounded man for at least two minutes.

As Jonathan Mansilla was lying face down in a pool of blood for about a minute in a hallway just out of the restroom, Cpl. Christopher Rose pulled Mansilla’s hands around his back and handcuffed him, the video shows.

“Why did they just sit there and wait?” David Heria, Mansilla’s nephew, asked after viewing the video. “He didn’t even try to take a pulse.”

“Pretty much nobody tended to him and they weren’t worried,” Heria added. “He didn’t even try to take a pulse.”

The 4-minute, 33-second video taken from a McDonald’s surveillance camera was among nine videos released by the Vermont State Police this week following public information requests by VTDigger. Three of the videos are from cellphones taken from people inside the restaurant and six are from surveillance cameras inside McDonald’s.

The videos show various views inside the restaurant on the afternoon of Aug. 25, when the shooting took place.

VTDigger had also requested from Vermont State Police other material, including reports and witness statements, but officials said they needed more time to fulfill that portion of the request.

Rose had followed the 33-year old Mansilla, of Coral Gables, Florida, into the restaurant bathroom after investigators say Mansilla crashed his car at a nearby intersection while fleeing a car crash in Rutland.

The Vermont Attorney General’s Office last month ruled the shooting was justified because Rose “reasonably believed that he was in imminent danger of being killed or suffering great bodily harm” when Mansilla charged toward him holding something above his head.

It was later determined that Mansilla was not armed, but was holding a cellphone in his hand, according to investigators.

In response to a question on Wednesday about the officers’ actions around rendering aid to Mansilla, Vermont State Police Capt. Scott Dunlap replied, “I’d have to look at it again, I don’t think it was a concern.”

Dunlap, head of the state police Major Crime Unit that investigated the fatal shooting, said it had been a while since he had reviewed the video.

Rutland County Sheriff David Fox, reached Wednesday, said he had not yet seen the video taken from inside McDonald’s and he was not at the restaurant at the time of the shooting.

“I’m not sure of the time frame of when the attempts to render aid were,” Fox said, calling it a chaotic scene.

Dunlap said officers need to first make sure the scene is safe before rendering aid — and Fox said that’s his department’s policy.

“At that point you have to do what you can to maintain life,” Fox said. “From what I understand it was a pretty dire situation and it was indicated fairly quickly that the person was mortally wounded.”

The sheriff department’s “Duty of Care” policy mandates, in part, that any person in an officer’s care who “sustains an injury, becomes unconscious, displays a further altered mental status, or states that s/he is injured,” must be provided “appropriate medical attention.” And that “officers will provide care commensurate with their training and experience.”

Rutland City Police Chief Brian Kilcullen declined to comment Wednesday on the video. “I am not going to comment on any analysis of the video,” he said.

Phone messages left for Rose and his attorney Wednesday were not returned.
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