The father of a man who was fatally shot by Pasadena police following a traffic stop announced Thursday the filing of a damages claim against the city, a precursor to a lawsuit.
“I don’t see no reason why he should have been shot in the back and killed,” Archie Barry said, speaking about his son, 32-year-old Anthony McClain. “I don’t know if I can live with this the (rest) of my life.”
McClain was shot about 8 p.m. Aug. 15 after officers stopped a vehicle near Raymond Avenue and Grandview Street. He died that night at a hospital.
Police said McClain was a passenger in the vehicle, which was stopped because it didn’t have a front license plate. Body- and dashboard camera video released by police showed McClain complying with an officer’s request to exit the vehicle, then running away while grabbing at his waistband. Police said McClain was carrying an unregistered gun which he was prohibited from possessing because he was on probation for robbery.
As McClain ran off, one officer pursued him, yelling for him to stop. McClain refused to stop and police said he continued to grab at his waistband, prompting an officer to fire at McClain.
“Fearing for both his and the public’s safety, the officer fired his weapon twice, striking the suspect at least once in the upper torso,” the department said in an earlier statement.
Police said McClain continued to run away and later ditched the weapon, which was recovered at the scene, before he collapsed.
But attorneys for the family deny that McClain was carrying a weapon, saying the only thing he was grabbing at was his belt buckle.
“The evidence will show you Anthony McClain was unarmed,” attorney Michael Carrillo said. “And what we’re saying too is that we believe that whatever weapon was recovered by the city of Pasadena was not actually Anthony McClain’s. That’s why we’re calling on the Attorney General’s Office to investigate the Pasadena Police Department and really conduct an independent investigation about the shooting and what really happened to Anthony McClain.”
The claim seeks unspecified damages. If the city denies it or fails to respond, the family can file a lawsuit.
The shooting has led to multiple protests.