In answer to a newly filed wrongful death lawsuit, the Los Angeles County sheriffs claim that the man they shot had been reaching for a weapon, however, an eyewitness claims the man had put his hands on his head as instructed and made no other moves, as reported by the Los Angeles Times.
D.L.T., 36, was shot after a brief car chase on November 10 in an unincorporated county area of Willowbrook according the coroner's report. D.L.T., a married man with two young daughters, had attended his niece's quinceanera celebration with his family just prior to the shooting.
He was unarmed.
The lawsuit is seeking $15 million for wrongful death and civil rights violations. Two deputies with the Los Angeles County Sheriff's Department, and the county, are named as defendants. The suit was filed in Los Angeles County Superior Court.
Deputies thought that D.L.T. was going for his weapon when he exited a vehicle.
The suit states, "Without cause or provocation, the deputies fired their handguns at (D.L.T.) as he stood with his hands raised above his head. The shooting was unreasonable and unjustified."
Attorney Arnoldo Casillas, representing D.L.T.'s widow commented, "We've got an eyewitness and physical evidence from the autopsy that shows he was shot in the back with hands above his head by trigger-happy deputies."
Casillas believes that the bullet marks on D.L.T.'s body – on his right forearm and his back – prove that he was not a danger to the deputies. There were five bullets in all that struck D.L.T.; four of which were fatal.
According to the lawsuit the deputies fired their handguns "intentionally or negligently."
Steve Whitmore, the Sheriff's Department spokesman, said that the department is planning to present the results from its investigation of the shooting to the district attorney within a week.
Whitmore claimed that the only reason D.L.T. was shot was because he posed a threat to deputies when he made a sudden movement, as if he had a gun, and then when he "turned quickly" as if to flee.
D.L.T.'s wife stated that her husband had no weapon and "was doing everything he was supposed to. ... All we're asking for is justice."
D.L.T. had left the quinceanera with his brother when deputies attempted to pull them over for speeding. While D.L.T. was a passenger in the vehicle, his brother made the decision to try to escape the deputies.
At one point in the chase D.L.T.'s brother stopped the vehicle and D.L.T. got out. According to an eyewitness, D.L.T. went along with the deputy's orders to stop running, put his hands on his head and surrender.
The witness, who has asked not to be identified, said, "I know what I saw. His hands were on his head when they started shooting."
Deputies reported that D.L.T. jumped from the car and his brother sped off. One officer went after the vehicle and three remained, weapons drawn.
Appearing to reach for his waistband, according to deputies, they fired shots.
Sometimes a wrongful death lawsuit also involves the violations of civil rights. Contact a personal injury lawyer to discuss your loved one's death, and file your lawsuit.