‘You can’t say that’s a murder.’ Police say teen killing of Fresno man was justifiable

Thaddeus Miller
·1 min read
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A man initially described as the victim of a fatal shooting this month has since been determined to be the aggressor in a justifiable homicide, Fresno police Lt. Paul Cervantes said Thursday.

Benito Cortez, 24, was killed in a shooting following a confrontation about 3:30 p.m. Sept. 18 in a neighborhood just south of McLane High School, police have said. He was struck once in the head.

Police at the scene described the violence as the 27th intentional homicide so far in Fresno this year.

Cervantes said Thursday that surveillance video from homes on Union Avenue near Cedar and Clinton avenues showed Cortez arrive to the neighborhood shortly before pulling a handgun with an extended ammunition clip.

He pointed the gun with his arms extended out toward at least two teen boys, both of whom are students at McLane, Cervantes said.

The video showed as Cortez pointed the gun at one teen, who had his hands up, a second teen pulled and fired a gun, killing Cortez, Cervantes said.

“Clearly, you can’t say that’s a murder,” he said.

Police recovered a gun with an extended clip they believe was the same weapon Cortez was holding in the video, he said.

A deputy with the Fresno County Sheriff’s Office was a couple blocks away when the shots were reported and arrived to provide aid. Cortez, however, was pronounced dead at the scene.

The killing was taken off of the list of intentional homicides tracked by Fresno police though another killing has since become the 27th so far in 2023.

There were 46 through Sept. 29 last year.

Police officers respond to the scene of a homicide in the 4200 block of East Union Avenue near Cedar and Clinton avenues in Fresno, California, on Monday, Sept. 18, 2023.
Police officers respond to the scene of a homicide in the 4200 block of East Union Avenue near Cedar and Clinton avenues in Fresno, California, on Monday, Sept. 18, 2023.
Fresno police officers stand watch at the scene of a homicide that occurred in the roadway on Union Avenue at Cedar near McLane High School on Monday, Sept. 18, 2023.
Fresno police officers stand watch at the scene of a homicide that occurred in the roadway on Union Avenue at Cedar near McLane High School on Monday, Sept. 18, 2023.
Fresno Police Chief Paco Balderrama, center, collects information on a homicide that occurred in the roadway on Union Avenue at Cedar near McLane High School on Monday, Sept. 18, 2023.
Fresno Police Chief Paco Balderrama, center, collects information on a homicide that occurred in the roadway on Union Avenue at Cedar near McLane High School on Monday, Sept. 18, 2023.