Warning: Explicit material
Gardena police shooting: Competing interpretations of 27 seconds before gunfire
Dashboard camera video is raising questions about a controversial Gardena police shooting that resulted in a $4.7-million payout by the city to settle a civil rights lawsuit. Grainy videos of the July 2013 shooting, captured by cameras mounted in police patrol cars, show three men who were mistakenly suspected of stealing a bicycle standing in the street under the glare of police lights. With their weapons trained on the men, officers scream at them to keep their hands up. While two of the men remain still, Ricardo Diaz Zeferino drops and raises his arms repeatedly, showing the officers his hands and stepping backward and then forward before police open fire, killing Diaz Zeferino and wounding Eutiquio Acevedo Mendez.
Because the police radio dispatcher mistakenly called the bicycle theft a robbery, which usually involves the use of a weapon or force, authorities say the Gardena officers acted appropriately because they thought the men they were dealing with could be violent. The attorney for the plaintiffs in the civil rights case, R. Samuel Paz, called the shooting a cold-blooded killing.
The videos from the three police vehicles have been synchronized below and annotated with excerpts from the L.A. County district attorney's official report and legal filings from Paz.
1. Assisting officers arrive
Sgt. Christopher Cuff stops two men and requests backup. Diaz Zeferino runs up to the men, and three officers in two vehicles respond with lights and sirens on.
D.A.'s report
Diaz Zeferino, middle, raises and lowers his hands in the initial moments. Officers tell Diaz Zeferino in both English and Spanish to keep his hands up .
Plaintiffs' attorney
Diaz Zeferino had joined the men to tell Cuff that he had detained the wrong people.
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2. First backup officer takes initial position
Officer Christopher Mendez arrives first by a just a few seconds. He takes a position in front of his car.
D.A.'s report
Diaz Zeferino takes two steps back toward the curb and puts both hands in the air. He does not appear to have anything in his hands. Mendez moves to his right to get a better view.
Plaintiffs' attorney
The officers stood in front of their patrol vehicles, leaving "cover and concealment," which can raise their fear level.
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3. Diaz Zeferino keeps moving his hands
Diaz Zeferino appears to put his left hand toward his back pocket as Officers Christopher Sanderson and Matthew Toda move to a more protected position near their vehicle.
D.A.'s report
Diaz Zeferino drops his hands, gestures with his right hand extended in front of him. He turns his head to the right while bending his left elbow and reaching behind him with his left hand. Sanderson approaches and then moves between two police cars.
Plaintiffs' attorney
Officers yell contradictory orders such as "Hands up" and "Don't move."
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4. Diaz Zeferino steps forward
Diaz Zeferino appears to approach an officer in front of him.
D.A.'s report
Diaz Zeferino takes five steps forward with his hands in the air. He does not appear to have anything in them. He lowers his hands to waist level.
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5. Failure to comply or offering an explanation?
The testimony of the officers conflicts with that of the two other men who were stopped regarding whether Diaz Zeferino was speaking.
D.A.'s report
Diaz Zeferino extends his hands forward and gestures with his right hand. Officers shout, "Put your hands up," "Manos arriba" and other warnings.
Plaintiffs' attorney
Diaz Zeferino tried to explain that it was his brother's bike that was stolen and the men were friends searching for the thieves.
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6. 'You do it again, you're going to get shot.'
As Diaz Zeferino takes his hat off his head, officers react.
D.A.'s report
Diaz Zeferino places his hands on top of his head, over his baseball cap. He removes his baseball cap with his left hand and simultaneously lowers both hands below his waist.
Plaintiffs' attorney
The officers do not talk to each other while on scene prior to the shooting, according to Mendez.
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7. Shots fired
Mendez, Sanderson and Toda fire a total of 13 rounds, killing Diaz Zeferino and wounding Eutiquio Acevedo Mendez.
D.A.'s report
It's reasonable to believe that officers lost sight of Diaz Zeferino's right hand and believed he was reaching for a weapon. The officers made a split-second decision and they were not required to hold fire to find out whether Diaz Zeferino would injure or kill them.
Plaintiffs' attorney
At the time of the shooting, Diaz Zeferino had his right hand open and in front of him with his palms and his hands clearly empty.
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Graphics reporting by Richard Winton and Len De Groot.
Sources: L.A. County district attorney's office report, plaintiffs' joint memorandum in opposition to defendants' motion for a summary judgment