The teenage daughter of a 38-year-old man who was killed by an LAPD
The official in South Los Angeles has filed a civil rights suit
The shootout was unjustified and the officer who pulled the trigger had:
"Ruthless violent and murderous tendencies."
Daniel Hernandez, who was holding a box cutter style utility
Messer was shot dead on April 22 during a confrontation at a traffic site
Officer Toni McBride, daughter of a prominent police union, collides
Director and veteran officer Jamie McBride.
According to the I team's complaint, Hernandez was unsure on his feet and "posed no threat to anyone" when McBride fired. "Each of McBride's deadly rounds was unjustified and ruthlessly endangered multiple viewers," the lawsuit said.
Officers had been sent to the intersection of 32nd and San Pedro streets after several 9-1-1 callers reported a traffic accident, and one of the callers said a man in one of the cars tried to stab himself, one said published record by LAPD.
Segments of police body-borne video footage released
Begin publicly earlier this month when Officer McBride arrives at the intersection.
It shows how she pulls her gun and then instructs two drivers to leave hers
Cars and away from the crash scene.
"Hey man, let me see your hands," she said first
watched Hernandez near a black pickup that had collided with other cars.
"Stay right there," she orders, pointing to "stop" with her free left hand.
"Drop the knife!" She yelled three times as Hernandez
went to the middle of the intersection. There can be more than a dozen spectators
seen on the sidewalk. "Stay right there," McBride ordered.
Hernandez paused and then stepped into McBride's position
with arms outstretched at the waist. "Drop it!" McBride
screamed and then shot twice as Hernandez advanced.
Hernandez fell to the floor and stood up.
McBride shot four more times and Hernandez fell face down and to the ground
stopped. None of the other officers at the scene fired his weapons.
About a minute and twenty-five seconds passed between the start of the video
and first shot fired.
“You can clearly see that Daniel Hernandez comes out of a sum
Car, goes shirtless, with his hands on his sides, he doesn't make gestures
This is a threat to everyone, ”said lawyer Narine Mkrtchyan
Lawsuit on behalf of Hernandez & # 39; 14 year old daughter, identified by initials
in court records.
Mkrtchyan said she got the police and eyewitness video
checked by the use of violence experts, but said she already believes Hernandez was
too far from McBride to pose an immediate threat of damage. She said it is
also significant that McBride was the only officer on the scene to fire a gun,
and less than deadly options like stun guns have not been used.
"These are probably more experienced officers, and they are
don't resort to lethal violence, ”Mkrtchyan told the I team.
The LAPD said Hernandez was armed with a knife and showed it
a picture of a box cutting knife of the Husky brand in the edited video presentation by
the incident, which also includes parts of cell phone video recordings
captured by bystanders.
"She does everything to save life," said
McBride's lawyer Larry Hanna, who refers to other parts of the body camera
Video showing McBride moving drivers away from the scene and securing them
Hernandez approaches first.
He told the I team that McBride wanted to talk about publicly
the incident could not be due to the ongoing administrative and criminal
Investigation as well as the new lawsuit.
“She put her body in front of the citizens who were there
and kept telling Hernandez to stop, ”said Hanna. "She reached out her hand, she did it
everything she could. "
The case is still being examined by LAPD detectives
Force Investigation Division. The results are sent to the chief of police and
the Board of Police Commissioners, who then weighs up whether or not
McBride's actions were within departmental guidelines.
The LA District Attorney's Office will also rule
whether the killing was lawful or not.
McBride has removed dozens from the public in recent weeks
of social media photos, videos and news that seem to show how she's celebrating
their joy in shooting small arms and rifles and whatever seems to be
professional model photos for shooting and weapon products and
The lawyer who filed the lawsuit informed NBC LA of these positions
were part of what led to the claim in the lawsuit that the LAPD and the city
Los Angeles unlawfully administered police officers by "using
unnecessary, unreasonable and deadly violence by … assigning the accused to McBride,
among others who knew the LAPD or who should have known it reasonably
ruthless violent and murderous tendency towards duties that enable them
MPs continue to use unnecessary violence. "
"It was very shocking for me," said Mkrtchyan. "I've never seen a policeman who enjoyed shooting so much and joking about it."
McBride's attorney disagreed with the characterization of
the photos and videos, and said he believed the shootout would be found in both
Politics and legally justified.
"She joined this department to help people who couldn't
Protect yourself, ”said Hanna. "There were all these people here, some
frozen in fear in their cars and this person came towards them with a knife. "
The LAPD said on Friday that it was not commenting pending
Litigation, including this case.
The union that represents the LAPD officers, the Los Angeles
The Police Protective League said, “Every loss of life in our city is tragic, and so are we
Send our condolences to Mr. Hernandez's family. "
"We assume that the department has one
fair and thorough review, as is the case in all cases of violence, and that the
The civil police commission is based on all
Facts of the case, ”the league said in a prepared statement to the I team.