- Originally published in the Los Angeles Times on February 23, 2005
Copyright 2005 Los Angeles Times
By Solomon Moore and Richard Winton, Times Staff Writers
An
attorney representing the family of 13-year-old Devin Brown, who was
fatally shot by police at the end of a car chase, filed a
wrongful-death claim against the city, alleging that inadequate police
policies led to the death.
Brian Dunn, an
attorney in the law firm run by O.J. Simpson lawyer Johnnie Cochran,
framed the legal action as a cry for justice for the family and a
remedy for a "culture of violence" within the Los Angeles Police
Department.
Dunn blamed Brown's death on "the outdated policies of the LAPD and the negligent tactics of the officers in question."
"Any decision to fire even one bullet into a moving vehicle is not proper procedure," he said. "It's a bad tactic."
The
Los Angeles Police Commission last week changed the department's
shooting policy to prevent officers from firing at moving cars unless
they considered their lives or those of bystanders in danger. Officers
will be trained to get out of the way of a vehicle that is moving
toward them and cannot in most circumstances consider a vehicle itself
to be a threat.
Officials had been
contemplating the change since a similar shooting a year ago but
fast-tracked the action after Devin's death, on Feb. 6. Police Chief
William J. Bratton said the new rules make it more difficult for police
officers to fire on moving vehicles but acknowledged that they would
not eliminate the practice.
Dunn said
Tuesday that the LAPD took too long to change the policy and that there
was no evidence that the officer had fired his gun because he feared
for his life.
Dunn also questioned the number of shots fired at Devin.
"We
want to know why he fired the first round, why he fired the second
round, why he fired the third round, the fourth round, the fifth round,
the sixth round, the seventh round, the eighth round, the ninth round,
the tenth round," he said. "We want to know what this little boy did to
give this police officer a reason to kill him."
Dunn
also suggested that his law firm would investigate the shooting to
determine whether Officer Steve Garcia actually had a justification to
shoot.
What evidence would reveal whether
Garcia had a reason to fear for his life? "Trajectory," Dunn said. "It
boils down to: Where was the officer standing when he fired his weapon?
And why did he fire so many times?"
The
family's legal claim creates another parallel investigation into the
shooting, which is being scrutinized by the Police Department, the Los
Angeles County district attorney's office and the FBI.
According
to police, Garcia saw a maroon Toyota Camry run a red light about 4
a.m. and driving erratically. After a 3-minute chase, the driver of the
car lost control and drove onto the sidewalk at the intersection of
South Western Avenue and West 83rd Street. The officers parked behind
the car and a 14-year-old passenger fled.
Police
said that Devin backed the car into the patrol car and that Garcia
fired 10 times. Police said Devin was driving the Camry. The car was
stolen, though officers did not know that then.
In
the weeks after the shooting, some community activists and supporters
of Devin's family criticized the department for its practice of
shooting into moving vehicles, contending that it was dangerous and
ineffective.
Bratton has described the
shooting as tragic and has openly questioned some of Garcia's tactics,
including firing into his own police cruiser five times and possibly
endangering his partner, Officer Dana Grant. Bratton also has said that
officers are trained to reevaluate the situation after each round
fired. In this case, however, it appears that Garcia fired
continuously. Garcia and Grant have been assigned to desk duty pending
further investigation.
Police spokesman
Lt. Paul Vernon said Tuesday that the department would not discuss
matters in litigation and that the facts involving the shooting,
including the location of the officers, were still under investigation.
Bratton's
account of the shooting earlier this month "was based on evidence that
was available at that point and did not include officers' statements or
anything on the position of the officers," Vernon said. "That wasn't
addressed and won't be addressed until the investigation is completed."
Residents
who live near the site of the shooting said they saw several bullet
casings in the intersection, suggesting that was the spot where Garcia
had fired his gun. The casings were lying on the passenger side of the
Toyota Camry, witnesses said. A police cruiser was parked on the
driver's side of the Camry, which was riddled with bullet holes,
witnesses said. The police cruiser was hit by at least one bullet, as
was another parked car several feet away. Witnesses said that a man was
sleeping in the parked car at the time of the shooting. That man
escaped injury, witnesses said, and was questioned by police.
Dunn
declined to discuss how much money the family would seek in damages,
but said they were willing to discuss an out-of-court settlement with
the city. The city has 45 days to respond to the damage claim, said
Dunn, after which a lawsuit could proceed.
Donna
Jackson, Devin's aunt, read a prepared statement Tuesday that described
the "profound impact" her nephew's death has had on their family.
"We pray that no family ever has to experience the tragic loss that we feel now," she said.
The family's pastor, Charlie Rushing of Slater Street Missionary Baptist Church tried to minimize the
racial element of the shooting -- Devin was
African American.
"We're
not here because Devin was black -- because a black child was killed,"
Rushing said. "We're here because Devin was a child, who happened to be
black."
Devin's mother, Evelyn Davis, sat
tearfully during the announcement, declined to address reporters and
quickly left the room when the conference ended.
[more] and [more]
- NAACP is demanding a full probe by the U.S. Justice Department and the Los Angeles Police Department. [more]