US federal judge orders video released of police killing unarmed man

[webfact]

Judge orders video released of police killing unarmed man
By BRIAN MELLEY

LOS ANGELES (AP) — A federal judge ordered a suburban Los Angeles city on Tuesday to release video of police fatally shooting an unarmed man two years ago.

The public should be able to see what led the city of Gardena to pay $4.7 million to settle a lawsuit with the family of the dead man and another man wounded in the shooting, Judge Stephen V. Wilson said.

"The fact that they spent the city's money, presumably derived from taxes, only strengthens the public's interest in seeing the videos," Wilson wrote in his 13-page decision. "Moreover, defendants cannot assert a valid compelling interest in sealing the videos to cover up any wrongdoing on their part or to shield themselves from embarrassment."

But the order was stayed by a federal appeals court late in the day — hours after the court had released what Wilson said were "potentially upsetting and disturbing because of the events they depict," but "not overly gory or graphic" videos.

A lawyer representing The Associated Press, the Los Angeles Times and Bloomberg had asserted there is intense public scrutiny of police shootings nationwide. The media organizations asked the judge to unseal the videos under a First Amendment right to access court documents.

"We applaud the court's decision to unseal the video," AP spokesman Paul Colford said. "The Associated Press, joining with other news organizations, believes it's important that the public has access to videos like this to better understand the actions of their police officers."

Footage shot from three police-car cameras shows the killing of Ricardo Diaz-Zeferino, who was stopped with two other friends by police investigating a bicycle theft early the morning of June 2, 2013.

The stolen bike belonged to Zeferino's brother and he was trying to find it, but he was shot when he didn't obey officers' commands to stand still with his hands in the air, according to the Los Angeles County district attorney in a report outlining why officers weren't charged.

In the videos, Diaz-Zeferino, who was drunk at the time, first followed police orders to raise his hands, but then lowered them three times. The final time, he removed his ball cap, lowered his arms and reached out with his palms up. That's when police opened fire.

Witnesses said Diaz-Zeferino was trying to tell officers that they stopped the wrong men.

Camera footage shot from the side where the three officers opened fire shows his right hand go out of view at his waist when they began shooting. Officers said they feared he was reaching for a weapon.

Diaz-Zeferino was shot eight times, and Eutiquio Acevedo Mendez was shot once. They fell to the street.

Two minutes later, police handcuffed a bloody and limp Diaz-Zeferino. Nine minutes after he was shot, paramedics arrived.

An autopsy found methamphetamine in Diaz-Zeferino's system.

The ruling comes amid public debates over what footage should be made public as police officers and cruisers are increasingly equipped with cameras to capture evidence that can be used against criminals or to hold officers accountable for their own behavior.

Michael Overing, a lawyer and journalism professor at the University of Southern California, said that in addition to being cited in future court filings the ruling could help provide guidance as lawmakers grapple with those issues.

"Right now, video is being suppressed," Overing said. "This is going to help open the floodgates so the public can see it ... and see if actions are justified."

Gardena was joined by police chiefs and officer groups around the state in arguing that making such videos public would dissuade cities from employing the technology.

Wilson said that was a political concern and not for him to judge.

The city of Gardena argued that releasing the footage would create a "rush to judgment" about the officers' behavior, but Wilson dismissed that idea during arguments Monday. The judge said the public may see the videos and reach the same conclusion as prosecutors that the shooting was justified.

Lawyers for Diaz-Zeferino said the investigation into the shooting was tainted because officers were able to review the videos before giving statements, a courtesy not offered to a member of the public involved in a shooting.

Attorney Samuel Paz said they may ask federal prosecutors to investigate whether the shooting was a civil rights violation.

"I think it is really helpful for the public to understand why they would be willing to pay $4.7 million to settle the case when we were on the eve of trial," Paz said. "When the public sees the video and other law enforcement agencies see the video, this is very much a criminal act."
___

Amanda Lee Myers contributed to this story.


-- (c) Associated Press 2015-07-15

[Publicus]

See the video at the link below to the Los Angeles Times website....

The black guy is a confused homeboy on meths and the cops are confused tenderfoot gunmen pissing their pants over a guy the cops completely had the drop on.

http://www.latimes.com/local/lanow/la-me-ln-federal-judge-orders-release-of-videos-20150714-story.html?utm_source=dlvr.it&utm_medium=twitter&dlvrit=649324

Cops see a black guy and cops think the're in a free shooting gallery, so this had to stop and cops need to be held accountable for all this shooting of black men who turn out to be unarmed.

[zaphod reborn]

8 shots - says it all

[stevenl]

See the video at the link below to the Los Angeles Times website....

The black guy is a confused homeboy on meths and the cops are confused tenderfoot gunmen pissing their pants over a guy the cops completely had the drop on.

http://www.latimes.com/local/lanow/la-me-ln-federal-judge-orders-release-of-videos-20150714-story.html?utm_source=dlvr.it&utm_medium=twitter&dlvrit=649324

Cops see a black guy and cops think the're in a free shooting gallery, so this had to stop and cops need to be held accountable for all this shooting of black men who turn out to be unarmed.

If the order was stayed, how can the video be online? Is LA Times disobeying the stay order?

[Andaman Al]

Watching the video it seems just as bad as any ISIS execution. It's certainly just as sickening.

Edited July 15, 2015 by Andaman Al

[Chicog]

That is nothing more than an execution.

Someone needs to go to jail.

The judge said the public may see the videos and reach the same conclusion as prosecutors that the shooting was justified.

Unbelievable.

Edited July 15, 2015 by Chicog

[Seastallion]

See the video at the link below to the Los Angeles Times website....

The black guy is a confused homeboy on meths and the cops are confused tenderfoot gunmen pissing their pants over a guy the cops completely had the drop on.

http://www.latimes.com/local/lanow/la-me-ln-federal-judge-orders-release-of-videos-20150714-story.html?utm_source=dlvr.it&utm_medium=twitter&dlvrit=649324

Cops see a black guy and cops think the're in a free shooting gallery, so this had to stop and cops need to be held accountable for all this shooting of black men who turn out to be unarmed.

There was nothing, NOTHING threatening in the boy's actions. Nothing whatsoever.

The shooters of all 8 bullets need to be charged for this.

[Seastallion]

That is nothing more than an execution.

Someone needs to go to jail.

The judge said the public may see the videos and reach the same conclusion as prosecutors that the shooting was justified.

Unbelievable.

To be fair, the judge is just being diplomatic and in fact arguing why the video should be unsealed. He was making an argument against those that would try to prevent the release.

[Publicus]

See the video at the link below to the Los Angeles Times website....

The black guy is a confused homeboy on meths and the cops are confused tenderfoot gunmen pissing their pants over a guy the cops completely had the drop on.

http://www.latimes.com/local/lanow/la-me-ln-federal-judge-orders-release-of-videos-20150714-story.html?utm_source=dlvr.it&utm_medium=twitter&dlvrit=649324

Cops see a black guy and cops think the're in a free shooting gallery, so this had to stop and cops need to be held accountable for all this shooting of black men who turn out to be unarmed.

If the order was stayed, how can the video be online? Is LA Times disobeying the stay order?

The Los Angeles Times had had the video for some period of time and it had viewed it any number of times, at its building.

The moment the federal district court judge issued his order to make the tape public, the Times published it online. The judge tapped his gavel and the Times published the video, zip zap. The LA Times acted legally.

The federal appeals court judge ruled after the LA Times published the video. The cat is out of the bag, the horse is out of the barn etc etc etc.

Too late cause it is now a freedom of speech issue for the press/media institutionally with the LA Times as the focal point. In other words, the tape has gone viral and the courts are powerless legally and in any practical aspect.

The cops are screwed.

[Publicus]

That is nothing more than an execution.

Someone needs to go to jail.

The judge said the public may see the videos and reach the same conclusion as prosecutors that the shooting was justified.

Unbelievable.

Exactly.

Perhaps the federal judge might have used the word 'may' twice instead of only once, cause I have little doubt that's the dispassionate and neutral position he intended in his ruling for the taxpayer.

Recall this was another instance of burned out rightwing Republican cops that have caused yet another payout of taxpayer funds --basically $5 million in this instance-- to the family of yet another unarmed black guy the cops had under their complete control yet plugged full of hot lead. Three armed and paniced gunmen cops that swooped down on unarmed black guys walking around looking for a snaked bike.

[Chicog]

That is nothing more than an execution.

Someone needs to go to jail.

The judge said the public may see the videos and reach the same conclusion as prosecutors that the shooting was justified.

Unbelievable.

To be fair, the judge is just being diplomatic and in fact arguing why the video should be unsealed. He was making an argument against those that would try to prevent the release.

I'm just amazed "the shooting was justified". They need firing, excuse pun.

[oneday]

Just saw the video. That is disgusting. There was absolutely nothing threatening about those guys.

Those cops were looking for a reason to shoot someone. I don't see how this was deemed a lawful shooting.

I also do not understand why they didn't tell them to get on the ground so they would be in a less threatening position.

That was murder, plain and simple.

Edited July 15, 2015 by oneday

[sangtip2]

The cops should be in jail.

[JetsetBkk]

Just saw the video. That is disgusting. There was absolutely nothing threatening about those guys.

Those cops were looking for a reason to shoot someone. I don't see how this was deemed a lawful shooting.

I also do not understand why they didn't tell them to get on the ground so they would be in a less threatening position.

That was murder, plain and simple.

Yes, it was murder. Did the cops think he was going to throw his cap at them?

Completely unjustifiable behaviour - jail them for years.

[Publicus]

Just saw the video. That is disgusting. There was absolutely nothing threatening about those guys.

Those cops were looking for a reason to shoot someone. I don't see how this was deemed a lawful shooting.

I also do not understand why they didn't tell them to get on the ground so they would be in a less threatening position.

That was murder, plain and simple.

Murder One.

Wouldn't let these cops near any school either, not ever at all for any reason.

These cops are just another bunch of on the prowl hit men.

This and other kills like it are a summary justice, i.e., police 'justice' on the spot that usurps the role of investigators, prosecutors, defense lawyers, judge, jury, a public trial of the accused.

What anyway were these black guys accused of? Nothing.

They were walking while black, looking for a snaked bike while black.

[ravip]

And people from the same environment bash the coloured unmercifully.

Again, the question is Thailand so bad comes to mind.

Racism is disgusting - more when it is ignored.

[user786895]

_{I've seen some pretty sickening things in my time, but to see this, and to see it perpetrated by law enforcement officers, has made me want to vomit in disgust.}

[cookee68]

See the video at the link below to the Los Angeles Times website....

The black guy is a confused homeboy on meths and the cops are confused tenderfoot gunmen pissing their pants over a guy the cops completely had the drop on.

http://www.latimes.com/local/lanow/la-me-ln-federal-judge-orders-release-of-videos-20150714-story.html?utm_source=dlvr.it&utm_medium=twitter&dlvrit=649324

Cops see a black guy and cops think the're in a free shooting gallery, so this had to stop and cops need to be held accountable for all this shooting of black men who turn out to be unarmed.

That's the problem when you live in a country that thinks guns are ok, to many trigger happy people, and this news is made more by the fact that he is black, just put your hands up, and explain later, its the safest bet, to go near your waist is the worst movement to make when there are guns on you, and even more when you are off your face on meth.

[Publicus]

See the video at the link below to the Los Angeles Times website....

The black guy is a confused homeboy on meths and the cops are confused tenderfoot gunmen pissing their pants over a guy the cops completely had the drop on.

http://www.latimes.com/local/lanow/la-me-ln-federal-judge-orders-release-of-videos-20150714-story.html?utm_source=dlvr.it&utm_medium=twitter&dlvrit=649324

Cops see a black guy and cops think the're in a free shooting gallery, so this had to stop and cops need to be held accountable for all this shooting of black men who turn out to be unarmed.

That's the problem when you live in a country that thinks guns are ok, to many trigger happy people, and this news is made more by the fact that he is black, just put your hands up, and explain later, its the safest bet, to go near your waist is the worst movement to make when there are guns on you, and even more when you are off your face on meth.

The points are well taken to which I would add that, as we are seeing over time, guns everywhere mean ordinary common people without guns get shot to death non-stop. It's either some wacko citizen with guns, or cops with guns killing the unarmed.

Trayvon Martin was unarmed, as was Mike Brown, as was the 12 year old boy in Cleveland, as was the guy in South Carolina shot in the back, as were the people in the church, as were the children in Newtown, as was......

The gunslinger cops are overwhelmingly the burned out right wing Republican cops, not the small minority of the liberal Democrat officers among the nation's police. Just listen to the wacko bird right wingnuts defending the thugs in uniform to get a clear indication of who these killer cops are.

As the list lengthens of tragic murders for free by burned out right wing police (Martin's murderer Zimmerman was a wannabe), the guns r us wacko birds say we need more guns in the hands of more if not all Americans. If the Founders of the Republic knew what the right wing gun nutbags were doing with the Second Amendment, the Founders would rise from their sacred tombs to abolish it tomorrow.

If the Founders plus Abraham Lincoln knew what the racist police patrols were doing to our black Americans they would put radical changes to police and policing in America. I suspect they would start with putting these burned out racist cops on public trial and on criminal charges, every last one of 'em. I suspect also the federal judge in California might have had this very approach in mind in his ruling to release the ghastly tape.

[cookee68]

See the video at the link below to the Los Angeles Times website....

The black guy is a confused homeboy on meths and the cops are confused tenderfoot gunmen pissing their pants over a guy the cops completely had the drop on.

http://www.latimes.com/local/lanow/la-me-ln-federal-judge-orders-release-of-videos-20150714-story.html?utm_source=dlvr.it&utm_medium=twitter&dlvrit=649324

Cops see a black guy and cops think the're in a free shooting gallery, so this had to stop and cops need to be held accountable for all this shooting of black men who turn out to be unarmed.

That's the problem when you live in a country that thinks guns are ok, to many trigger happy people, and this news is made more by the fact that he is black, just put your hands up, and explain later, its the safest bet, to go near your waist is the worst movement to make when there are guns on you, and even more when you are off your face on meth.

The points are well taken to which I would add that, as we are seeing over time, guns everywhere mean ordinary common people without guns get shot to death non-stop. It's either some wacko citizen with guns, or cops with guns killing the unarmed.

Trayvon Martin was unarmed, as was Mike Brown, as was the 12 year old boy in Cleveland, as was the guy in South Carolina shot in the back, as were the people in the church, as were the children in Newtown, as was......

The gunslinger cops are overwhelmingly the burned out right wing Republican cops, not the small minority of the liberal Democrat officers among the nation's police. Just listen to the wacko bird right wingnuts defending the thugs in uniform to get a clear indication of who these killer cops are.

As the list lengthens of tragic murders for free by burned out right wing police (Martin's murderer Zimmerman was a wannabe), the guns r us wacko birds say we need more guns in the hands of more if not all Americans. If the Founders of the Republic knew what the right wing gun nutbags were doing with the Second Amendment, the Founders would rise from their sacred tombs to abolish it tomorrow.

If the Founders plus Abraham Lincoln knew what the racist police patrols were doing to our black Americans they would put radical changes to police and policing in America. I suspect they would start with putting these burned out racist cops on public trial and on criminal charges, every last one of 'em. I suspect also the federal judge in California might have had this very approach in mind in his ruling to release the ghastly tape.

well put

[atyclb]

That is nothing more than an execution.

Someone needs to go to jail.

The judge said the public may see the videos and reach the same conclusion as prosecutors that the shooting was justified.

Unbelievable.

Exactly.

Perhaps the federal judge might have used the word 'may' twice instead of only once, cause I have little doubt that's the dispassionate and neutral position he intended in his ruling for the taxpayer.

Recall this was another instance of burned out rightwing Republican cops that have caused yet another payout of taxpayer funds --basically $5 million in this instance-- to the family of yet another unarmed black guy the cops had under their complete control yet plugged full of hot lead. Three armed and paniced gunmen cops that swooped down on unarmed black guys walking around looking for a snaked bike.

Are you saying the cops with problems are the rightwing republican ones?

[Baerboxer]

Thank you for posting the link Publicus. Very informative,

The first part of the video, the angle is less clear. You could see where the prosecutors came from on that one. Not saying it's right, and they were probably looking for what they wanted to see and interpreting things they saw how they wanted them to be.

However, the second part from the better angle makes it clear, They police either panicked and fired for no reason, or just wanted to shoot him for whatever reason.

It's disgraceful and corrupt that those officers haven't been charged. There seems to be an unwritten law that officers can get away with doing whatever they want and are above any laws.

Once those in the justice system collude with them, as in this instance, they have a license to kill. Those officers will be out on patrol with exactly the same attitude as before and will believe they've done nothing wrong and can do as they see fit.

Can the federal or state authorities do something about this?

[Publicus]

The family of the murdered black guy have through their attorney filed with the US Department of Justice for a civil rights laws investigation. So now DoJ will review the case to include a preliminary investigation, then make a decision, which we might expect before the end of next month.

DoJ will include in its review the 14-page report and findings of the county prosecutor who decided against charging the gunslinging police.
;
The Gardina police chief continues to defend the police and is continuing the appeal to the US 9th circuit court where the Reagan appointed chief judge sayed the order to release the tape. (The appeals court which sits in San Francisco is widely called the 9th "Circus" court due to SCOTUS overturning it more than any other circuit court of appeals in the US.)

However, the tape has gone viral as the AP, Los Angeles Times and Bloomberg News which filed in US District Court in Los Angeles for release of the tape published it before the appeals judge issued the stay.

The AP meanwhile reported that, "A video shot from the perspective of a sergeant, who was facing the three men and didn't shoot, showed Diaz-Zeferino had his hands open and palms facing upward when he was shot."
;
The two killer cops who in this yet another instance of police getting away with cold blooded murder are suddenly realizing this case is just now beginning.
;
http://www.alternet.org/tea-party-and-right/5-unhinged-right-wing-moments-week-fox-newsians-scramble-explain-scott-murder

http://mic.com/articles/115066/41-of-unarmed-victims-of-police-shootings-are-black

Edited by Publicus for serious technical problems.

Edited July 16, 2015 by Publicus

[Publicus]

That is nothing more than an execution.

Someone needs to go to jail.

The judge said the public may see the videos and reach the same conclusion as prosecutors that the shooting was justified.

Unbelievable.

Exactly.

Perhaps the federal judge might have used the word 'may' twice instead of only once, cause I have little doubt that's the dispassionate and neutral position he intended in his ruling for the taxpayer.

Recall this was another instance of burned out rightwing Republican cops that have caused yet another payout of taxpayer funds --basically $5 million in this instance-- to the family of yet another unarmed black guy the cops had under their complete control yet plugged full of hot lead. Three armed and paniced gunmen cops that swooped down on unarmed black guys walking around looking for a snaked bike.

Are you saying the cops with problems are the rightwing republican ones?

The 100 year-old largest police union in the US, the Fraternal Order of Police, almost always endorses the Republican for president.

Recent exceptions were Bill Clinton once only, in 1996, and in 2012 when FOP declined to endorse Willard Mitt Romney. FOP refused to endorse Romney (or Prez Obama) because Romney was against all unions, to include of course police unions.

The right wingers in the USA and everywhere support the police against black Americans almost always. The right wingers, to include Republicans, find that the police almost never do any wrong against black Americans, no matter what, where, when, why, how.

Almost always, almost every time.

Here’s Why Conservatives ALWAYS Support The Police When They Shoot Unarmed Black Men

You’d think that the first people to line up to protest our growing police state would be the virulently anti-government right wing. But here’s where that raging hypocrisy and racism come into play. The fact is that conservatives are very comfortable with police brutality, the rampant violation of civil rights and even murdering unarmed Americans as long as it’s being done to maintain white supremacy.

I’m just being ridiculous, right? Except that the default position of the right when an unarmed black male is beaten/shot/killed is that he must have had it coming. Nothing to see here! Stop victimizing the poor police, please!

Once upon a time, the police were used explicitly to maintain white supremacy. Now, this racism is so ingrained into law enforcement culture, it’s going to take a massive and sustained push back from the public to alter it.

http://www.addictinginfo.org/2014/10/08/police-shoot-unarmed-black/

There are some enlightened police chiefs or commissioners in some of the larger cities which have Democratic party mayors, meaning the chiefs are not conservatives, right wingers, Republicans. The vast majority of cops in the United States are however Republicans who are either traditionally political conservatives or more often than not, outright right wingers.

http://www.alternet.org/tea-party-and-right/5-unhinged-right-wing-moments-week-fox-newsians-scramble-explain-scott-murder

[Publicus]

The video shows the three police officers are liable under the law for reckless display and use of their firearms, not to mention negligent in their positioning relative to the three innocent men who were always innocent, never arrested or charged with anything..

Two of the men were entirely compliant, yet one was shot because he had wrongly been placed in the police line of fire by the police themselves.

It was the duty and the responsibility of the police to be sure no non-threatening persons are ever placed in the line of fire. One of the three men was wounded besides in the police fusillade of highly destructive police bullets that killed Mr. Diaz-Zeferino.

It was the responsibility of the officers to move to a position where they could see and control any one of interest to them . They did not do so. They instead remained at angles to the man they murdered.

As the AP reported, "A video shot from the perspective of a sergeant, who was facing the three men and didn't shoot, showed Diaz-Zeferino had his hands open and palms facing upward when he was shot."

The more professional position taken by the sergeant, who did not fire his weapon, is definite evidence the two shooter homicide officers were ill trained or ill supervised on the scene, or the two simply conducted themselves with a shameless incompetence. We need to know how much police cowardice factored in to the murder of the unarmed and innocent Mr. Diaz-Zeferino.

Then there is the fundamental issue of the police precipitously and stupidly drawing their firearms at all in the situation as it was.

Who anyway were the three guys menacing? No one. What were the three accused of or suspected that may have warranted the police drawing their firearms to begin with? Nothing. Where and what was the evidence or indication any or all of the three men were armed? Nowhere and non-existent.

Murder One.

Edited July 17, 2015 by Publicus

[chuckd]

You're talking to yourself again.

[Publicus]

You're talking to yourself again.

Talking to you too now.

Welcome aboard cause as of this post the thread is a few clicks away from 1000 views. A lot of people care about the victims and their families...all of 'em coast to coast and border to border. We are repulsed by the criminal cops rampaging about in America murdering for free. (Hadn't there already been an art imitates life movie or two about this?)

Anyone who might think these Republican right wing cops were in the right would also be out there on the far out political right too. At this point in the police crime wave of serial murders against unarmed black males the right knows it has nothing to say in defense of this serious police self-destruction.

Police listen to youse guyz, not to us so get on it.