Suit Says Anaheim Cops Fatally Shot Alberto Arzola Multiple Times in the Back During an Arrest for Graffiti; Video Also Shows Cops Shoot an Unarmed 18 Yr Old in the Back While His Hands Were Up

From [HERE] Three legal claims filed against the city of Anaheim accuse police officers of using unjustified and excessive force during a Dec. 6 encounter that ended with the fatal shooting of 19-year-old Alberto Arzola on the front steps of his home, as well as serious injuries to another teenager and lasting trauma to a child who witnessed the shooting.

James DeSimone, a Los Angeles civil rights attorney representing the families said “there is no excuse for Anaheim police to shoot an unarmed man in the head with a so-called ‘less lethal projectile’ while he’s complying with police.”

The claims stem from a police response to what officers were reportedly investigating as a graffiti misdemeanor in the 800 block of South Philadelphia Street, an offense the filings state Arzola did not commit. According to the claims, officers arrived at approximately 9:30 p.m. in an unmarked vehicle with tinted windows and immediately approached with their guns drawn.

One claim, filed on behalf of Arzola’s family, alleges that as Arzola attempted to enter his residence through the front door, an officer “grabbed him by the hood of his sweatshirt and aggressively pulled him backwards down the stairs” before firing multiple shots into his back. The filing states that Arzola pleaded “Don’t shoot” several times and that he did not threaten officers or anyone else.

“The use of lethal force against Mr. Arzola was excessive, unnecessary, shocking to the conscience,” the claim states, adding that it violated both state and federal law as well as Anaheim Police Department policies.

The filing further alleges that after Arzola was shot, officers failed to render immediate medical aid. According to the claim, officers did not provide CPR or basic wound care despite knowing he had suffered life-threatening gunshot wounds. The failure to act, the filing states, delayed critical medical intervention and contributed to his death.

A second claim focuses on Emmanuel Cordova, 18, who was present during the encounter. According to that filing, Cordova had his back to officers, with his hands raised and while complying with commands, when he was struck in the head by a police-fired “less lethal” projectile.

The claim states that the projectile can travel at speeds of up to 200 miles per hour and alleges that Cordova suffered a traumatic brain injury as a result. The filing asserts that Cordova was unarmed, posed no threat to officers and was complying at the time he was shot.

“There is no excuse for Anaheim police to shoot an unarmed man in the head with a so-called ‘less lethal projectile’ while he’s complying with police,” DeSimone said, describing the use of force as both unnecessary and dangerous.

The third claim has been filed on behalf of Arzola’s 14-year-old cousin, identified in court records as a minor, who witnessed the shooting at close range. According to the filing, the child saw officers pull Arzola down the steps and shoot him multiple times in the back as he fell to the ground.

After the shooting, the claim states, officers pointed their weapons at the child, ordered him inside the home and threatened to shoot him. The filing alleges that the minor “posed no threat whatsoever” and had his hands raised while officers trained their firearms on him.

Since the incident, the claim states, the child has suffered severe psychological trauma, including nightmares, flashbacks, fear of going outside and fear of police officers, and is receiving mental health treatment.

“One young man is dead, one has a traumatic brain injury and a 14-year-old is forever traumatized as he was forced to watch his cousin die while having guns pointed at his own head,” DeSimone said.

The claims allege violations of the Fourth and Fourteenth Amendments to the U.S. Constitution, provisions of the California Constitution and several state civil rights statutes. They also accuse the Anaheim Police Department and the city of negligent hiring, training and supervision, and of maintaining policies or practices that tolerate excessive force and failures to provide medical aid after police shootings.