A man seriously injured after he was shot in the head by a Los Angeles police officer in Los Feliz in 2015 because the officer thought he had a gun within a T-shirt wrapped around one hand has reached a tentative settlement with the city of Los Angeles.
Lawyers for plaintiff Walter DeLeon filed court papers Thursday with Los Angeles Superior Court Judge Gregory Keosian stating that a “conditional” accord was reached in the lawsuit filed on his behalf in April 2016 by his conservator, Yovanna DeLeon — alleging battery, civil rights violations and negligence — and that a request for dismissal will be filed by Feb. 1. No terms were revealed and it could not be determined whether the settlement is subject to approval by the City Council.
The same month the lawsuit was filed, the Police Commission unanimously determined that Officer Cairo Palacios was justified in shooting DeLeon, finding that he had a reasonable belief the then-48-year-old man had a weapon within the shirt. The June 19, 2015, incident occurred about 6:30 p.m. and was captured on cellphone video.
DeLeon’s family maintained he usually carried a shirt around his hand while walking through the neighborhood. But LAPD investigators said many witnesses also thought DeLeon was pointing a gun at police, and just before he was shot, DeLeon told a witness to call 911 and report to the operator that he was carrying a gun, according to the report.
DeLeon lost “a pound of cranial matter,” the ability to hear out of his right ear and his cognitive ability and memory are impaired, according to his court papers, which also stated that he was a significant distance from Palacios and his partner and posed no threat to them.
Instead of getting DeLeon immediate medical aid, the two officers rolled DeLeon over and handcuffed him, according to DeLeon’s court papers.
But according to the City Attorney’s Office’s court papers, DeLeon “supported his extended right hand with his left hand, as if he was aiming a handgun at the officers.”
Palacios got out of the patrol car and took cover behind it, then ordered DeLeon to “Drop it,” according to the City Attorney’s Office’s court papers.
“Mr. DeLeon continued to point the object in Officer Palacios’ direction, in a distinctive shooting position,” the City Attorney’s Office’s court papers stated. “Officer Palacios fired three rounds, one of which struck the plaintiff in the forehead.”
After the officers handcuffed DeLeon and determined he had a water bottle in the T-shirt, they called for an ambulance and a passing doctor also rendered aid, according to the City Attorney’s Office’s court papers.