The family of a man who was shot and killed by a California Highway Patrol officer in a struggle on a Los Angeles freeway has filed a claim against the state law enforcement agency.
The claim filed Monday is a precursor to a lawsuit, which attorneys for the family said will be filed after the CHP is allowed time to respond to the claim. In the claim, attorneys alleged that the CHP fails to train officers in the use of deadly force.
The altercation involving the officer and 34-year-old Jesse Dominguez, who was walking in lanes of the 105 Freeway in southern Los Angeles County, was caught on camera. An officer tried to convince the man to get off the freeway but he refused and that led to a fight, authorities said. Dominguez was carrying a stun gun that he used on the officer, CHP said.
“Following the pedestrian’s use of the weapon against the officer, and in fear for his safety, the officer fired his service weapon,” the statement said.
NBCLA reached out to the CHP for comment on the claim. The agency referred to its earlier statement.
At a news conference Tuesday, family members said they recognize Dominguez should not have been walking on the freeway, but said deadly force was not necessary.
Video showed the officer fire several rounds as Dominguez was on the ground. He died at a hospital. The Los Angeles County Medical Examiner’s Office said Dominguez’s cause of death has not been officially determined.
The minute-long video recorded by a bystander and posted on social media begins with an officer on top of Dominguez as the two grapple in the middle of a closed stretch of freeway. It was not clear who recorded the original video.
The state attorney general’s office is investigating the shooting in line with its policy of reviewing incidents when the deceased did not have a deadly weapon. A stun gun is not considered a lethal weapon under state law.
Dominguez’s family told the Los Angeles Times that he was an aspiring actor who they believe was likely experiencing a mental health episode or drug-fueled crisis when he was killed. He had been struggling with substance abuse, a serious mental health disorder and homelessness, the newspaper reported.
His family said Dominguez had been carrying a Taser for protection after threats from other residents at the sober living facility near the highway where he had been staying, the Times reported.
“I don’t know why the officer thought to engage. If someone is walking on the freeway, something is not right. They’re either in mental health crisis or something else is happening,” Akasha Dominguez, his stepmother, told the newspaper.
Highway patrol officers aren’t required to wear body cameras, but the agency uses in-car cameras.
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