A man who was shot and killed by Anaheim police earlier this month posed no danger to the officers when they shot him, an attorney for the man’s parents said Tuesday in announcing the filing of three claims against the city — on behalf of the parents, a second man who was injured by a less-lethal round and another teenager who witnessed the shooting.
A claim is usually a precursor to a lawsuit.
Anaheim police officers on a gang assignment had pulled over in the 800 block of South Philadelphia Street about 9:30 p.m. on Dec. 6 after they saw what they thought was criminal activity, police said in a critical incident video released last week. A confrontation led one officer to fatally shoot 19-year-old Alberto Arzola Jr. A firearm was found in the grass of the front yard near Arzola after the shooting.
Attorney V. James DeSimone, representing Arzola’s parents, said Arzola was trying to get back into his house when one of the officers grabbed him by the hood of his sweatshirt and pulled him backwards, causing him to fall on the steps. Arzola says “Don’t shoot me” twice, the attorney said.
DeSimone said in one bodycam video that at different points, both of Arzola’s hands were visible and empty before the officer shot him in the back and neck.
“Alberto was doing his best to stay alive and it wasn’t good enough for this officer,” DeSimone said.
Bodycam footage from a second officer, who was facing Arzola at the time he was shot, has not yet been released despite requests from attorneys, DeSimone said.
Less than 30 seconds elapsed from the time the officers got out of the car to the time Arzola was shot, he said.
“Our thoughts go out to the family,” Esther Kwon, an Anaheim spokeswoman, said in a statement Tuesday. “We believe our officers acted in the best interest of public safety. Beyond that, we want to respect the thorough reviews underway and caution against any rush to judgment.”
“This is a tragic incident and we are committed to a full and transparent investigation,” Anaheim police Sgt. Matt Sutter said Tuesday. He could not comment further on the claims made at the press conference, he said.
DeSimone claimed the officers were in an unmarked car with tinted windows and had pulled over after seeing a 14-year-old boy spray-painting graffiti on the sidewalk.
A critical incident video put out by Anaheim police last week shows the officers arriving in a silver Dodge Charger. Arzola is identified as standing in the street moments before the car pulls up. The body-worn camera footage from the officer who fired does not have sound until after the shooting and it is hard to tell when the shots are fired. The video does show the officer pull Arzola away from the front door twice and struggling with him briefly as he is on the ground.
DeSimone said it was not known what commands the officers were shouting as they exited the car with guns drawn.
“First of all, the officers did not clearly identify themselves,” DeSimone said. “They’re driving an unmarked car with tinted windows and those individuals are going into their own home,” he said, adding that the shooting “violates their policies, violates their training and violates the Constitution.”
Arzola was a graduate of Katella High School who held a full-time job and wanted to make a better life for himself, his mother, Rosie Camacho said, adding that he did not deserve to die that night and she wants justice.
“My son was my whole world, his family loved him,” she said. “I’m going to miss my son, he loved every one of us. He was a hard worker.”
About 15 minutes after the shooting, Emmanuel Cordova, 18, hopped a fence from the backyard and ran onto the porch, police said.
He attempted to comply with officers, who were shouting conflicting commands, DeSimone said. After raising his hands on the porch while turning away from police, one of the officers fired a less-lethal projectile that hit him in the head, requiring stitches.
“They made him crawl across that porch, across the property to those officers,” DeSimone said, “so he’s complying with commands.”
In the critical incident video, Cordova is heard asking officers if he was hit with a bullet or a beanbag, to which the officer confirms the latter.
A second claim was filed on Cordova’s behalf. The third was filed on behalf of the 14-year-old boy, a cousin of Arzola’s who witnessed the shooting and was left traumatized, DeSimone said.
While a firearm was found at the scene, DeSimone said it was found six feet away from Arzola.
“What we do know is you never see that gun in Alberto’s hands,” DeSimone said. “Just because there’s a gun in the vicinity of someone doesn’t give police the right to shoot.”
DeSimone said he could not comment on the origin of the gun or where it came from.