The family of a man who was fatally shot by Los Angeles County Sheriff’s Department deputies at a Carson gas station sued the county for wrongful death and civil rights violations, alleging in federal court that no threat was posed to law enforcement by the man and timely medical care was denied him after the shooting.
The lawsuit, filed Friday, contends that deputies unnecessarily used excessive force by shooting 34-year-old Arturo Cernas four times in the back in an incident captured on body worn video.
The sheriff’s department declined to comment specifically on the complaint, saying the agency has not yet officially received the lawsuit. However, LASD pointed to an incident report and video posted on its public web pages.
“With any deputy-involved shooting, there is a robust review process, which includes the Office of Inspector General, where every aspect of the shooting is thoroughly examined and evaluated to see if department policies and procedures were followed,” according to LASD. “Additionally, the Los Angeles County District Attorney’s Office, Justice System Integrity Division, conducts a legal analysis to determine whether any criminal charges will be filed and if the shooting was legally justified. The department is deeply committed to protecting our diverse communities without bias and prejudice.”
According to plaintiffs’ attorney Luis Carrillo and the LASD report, Cernas was causing a disturbance and screaming near the pumps at a gas station in the 17400 block of South Central Avenue in Carson on Aug. 7 when an employee called 911.
When deputies responded, Cernas’ complied with the commands of the deputies by kneeling with his back to the deputies, the lawsuit filed Friday in downtown Los Angeles alleges.
However, the LASD report claims that when deputies located Cernas, they immediately noticed the butt of a handgun protruding from his pocket.
“The deputies gave Cernas numerous orders to keep his hands up, not reach for or remove the firearm from his pocket.” the report says. “Cernas ignored the deputies’ commands and began to draw the handgun from inside his pocket. A less lethal 40mm foam projectile was fired at Cernas, however, Cernas continued to draw the weapon from his pocket and almost simultaneously, a deputy-involved shooting occurred.”
A BB pistol was recovered at the scene, according to LASD.
The lawsuit, brought on behalf of Cernas’ mother, Beatriz Loera, and the man’s daughter and two sons, seeks unspecified compensatory and punitive damages.
The family contends Cernas was shot four times in the back while he was trying to comply with deputies’ orders by discarding his backpack and items in his pockets.
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