Attorneys for the household of a 34-year-old homeless man who they are saying was fatally shot by Los Angeles County sheriff’s deputies whereas on his knees have filed a wrongful loss of life lawsuit in opposition to the county.
Legal professionals allege within the lawsuit that deputies used extreme pressure after they shot Arturo Cernas 4 instances within the again outdoors a fuel station in Carson. The lawsuit additionally says the deputies did not render support instantly and failed to make use of correct ways to de-escalate the state of affairs.
Attorneys for the household filed the lawsuit final week on behalf of Cernas’ mom, Beatriz Loera, and his three kids. Luis Carrillo, lawyer for the household, couldn’t be reached for remark.
The Sheriff’s Division launched an announcement Tuesday saying it has not formally obtained the lawsuit “however takes all deputy-involved shootings critically,” including that it launched info, together with video, in regards to the incident.
“The Division is deeply dedicated to defending our numerous communities with out bias and prejudice,” the assertion stated.
The capturing occurred within the early hours of Aug. 7 on the Chevron fuel station at Albertoni Road and Central Avenue.
The Sheriff’s Division, which has launched audio and video recordings of the incident, stated deputies with the sheriff’s Carson station had been dispatched to the fuel station after an worker referred to as a couple of man screaming and strolling across the premises.
“It’s one Latino man that’s appearing loopy, screaming outdoors,” the caller is heard within the 911 recording. “So, I need him to go away.”
Upon arriving, deputies got here throughout a person with darkish clothes and a backpack, later recognized as Cernas, standing by the doorway of the fuel station’s market.
Video from the body-worn digital camera of a deputy, whom the Sheriff’s division has recognized as Carlos Maciel, captured the interplay and capturing.
In that video, Maciel and a second deputy method Cernas, asking him questions earlier than one deputy shines a lightweight on the decrease left pocket of his pants. The Sheriff’s Division stated deputies instantly observed “the butt of a handgun protruding” from the pocket.
Maciel is seen within the video pulling out his service weapon whereas asking Cernas what was in his pocket. However Maciel’s query will get muddled with instructions from the second deputy telling Cernas to position his arms within the air.
“I discovered it on the best way over right here, bro,” Cernas is heard telling the deputies earlier than throwing his bag to the bottom. “Come on, cease this. Take it then, seize it,”
Ultimately each deputies take cowl behind the doorways of a cruiser whereas instructing Cernas to get on his knees and place his arms behind his head.
The Sheriff’s Division stated it took a number of instructions till Cernas complied. Deputies nonetheless continued to warn him to not attain into the backpack or left pocket.
In one other physique digital camera recording, the second deputy is heard telling Maciel that he plans to make use of a 40-millimeter foam projectile if Cernas reaches into his left pocket. Shortly after, the deputy fires the projectile whereas Maciel fires his service weapon on the identical time. Cernas may be heard screaming within the background.
The incident was additionally captured by the fuel station’s surveillance cameras, which present Cernas on his knees, reaching into his backpack, then pulling out what seems to be a weapon from his left pocket. It appeared he was making an attempt to discard the weapon.
Los Angeles County fireplace paramedics declared Cernas useless on the scene. The weapon in Cernas’ pants turned out to be a BB gun that resembled a firearm.
An post-mortem report included within the household’s criticism confirmed that Cernas was shot 4 instances within the again, damaging his coronary heart and small intestines and inflicting different accidents.
The lawsuit accuses deputies of failing to observe correct ways to de-escalate the state of affairs, resembling notifying the company’s psychological well being groups to reply, and of being detached to Cernas’ psychological well being situation. It additionally accuses the deputies of failing to warn Cernas that they deliberate to make use of nonlethal weapons.
The household is looking for financial damages.
