The family of an Anaheim teen who was shot and killed by Anaheim police on his front porch earlier this month is taking legal action against the city and police department.
The family of 19-year-old Alberto Arzola announced the filing of a claim, typically a precursor to a lawsuit, in the Dec. 6 fatal shooting in the 800 block of South Philadelphia Street. Family members and attorneys spoke at a Tuesday news conference to announce the legal move.
On the night of the shooting, two officers were conducting gang suppression operations in the area when they saw a group of men, including Arzola, run into the neighborhood, police said. In police body-worn camera video, officers appeared to scuffle with Arzola on his front porch.
During the scuffle, one officer fired his gun, police said, shooting and killing Arzola.
Family members and their attorney said Tuesday that Arzola was attempting to comply with officers’ commands.
“Then you see his right hand extended,” attorney James Desimone said. “He puts his right hand on the ground. He’s not fighting those officers. He’s not threatening those officers, and then the officer does the unthinkable. He shoots him from the back.”
Police said the officers believe Arzola was armed. They said a load assault-style gun was found on the grass near the porch.
Attorneys and family members said photos and video prove the killing on Dec. 6 was not justified.
About 18 minutes after the encounter with Arzola, a large crowd gathered at the location. Video from the confrontation showed Arzola’s friend, 18-year-old Emmanuel Cordova, with his hands up and back turned toward officers.
A bean bag round was fired by police, striking Cordova in the head.
“He’s getting conflicting commands,” Desimone said. “Stop, get on the ground. He does what he believes will protect him. He raises his hands. As he’s raising his hands, his back is to the officers. He’s showing them he’s no threat.
“As he’s raising his hands, an officer takes aim and shoots him in his head with a less lethal projectile.”
Anaheim police said Cordova ignored repeated commands as he was possibly tampering with evidence.
Attorneys said Cordova suffered a brain injury. Separate legal claims were being filed in Cordova’s case and on behalf of a 14-year-old relative who attorneys claimed was traumatized after witnessing the shooting of Arzola.
In a statement, the city of Anaheim said, “Our thoughts go out to the family. We believe our officers acted in the best interest of public safety. Beyond that, we want to respect the thorough reviews underway and caution against any rush to judgement.”