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Video Released Shows Police Killing Unarmed Man in LA Suburb

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In this June 2, 2013, frame from Gardena Police Department dash-cam video, officers aim their guns at Ricardo Diaz-Zeferino, right, and two friends while investigating a bicycle theft in Gardena, Calif. Moments later police fatally shot Diaz-Zeferino. Hours after a federal judge ordered the release of videos sought by The Associated Press and other news organizations Tuesday, July 14, 2015, a federal appeals court has issued a stay blocking release of the video. (Gardena Police Department)

In this June 2, 2013, frame from Gardena Police Department dash-cam video, officers aim their guns at Ricardo Diaz-Zeferino, right, and two friends while investigating a bicycle theft in Gardena, Calif. Moments later police fatally shot Diaz-Zeferino. Hours after a federal judge ordered the release of videos sought by The Associated Press and other news organizations Tuesday, July 14, 2015, a federal appeals court has issued a stay blocking release of the video. (Gardena Police Department)

BRIAN MELLEY, Associated Press

LOS ANGELES (AP) — Police car camera footage ordered released by a federal judge show a California man disobeying orders to keep his hands up, but with his palms open by his waist when he was fatally shot by officers two years ago.

Police in a Los Angeles suburb fought aggressively to the keep the videos under wraps, but a federal judge unsealed them Tuesday after news media organizations, including The Associated Press, argued the public had a right to see the footage.

The videos shot from two angles provide different perspectives on the last seconds of Ricardo Diaz-Zeferino’s life as he raises and lowers his hands three times and crumples to the street from a hail of gunfire from Gardena officers.

Judge Stephen V. Wilson said the public had a right to see what led the city of Gardena to pay $4.7 million to settle a lawsuit with Diaz-Zeferino’s family and another man wounded in the shooting that followed a botched report of a bicycle theft early June 2, 2013.

“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 a 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.”

Against a backdrop of intense public scrutiny of police shootings nationwide, a lawyer for AP, the Los Angeles Times and Bloomberg argued the videos should be unsealed under a First Amendment right to access court documents.

“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,” spokesman Paul Colford said.

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 arguments, 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 consideration and not for him to judge.

A lawyer for Gardena and its police 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 conclude the shooting was justified, which is what prosecutors decided.

Footage shows the final moments of the encounter as an officer yells, “Get your hands up.”

Diaz-Zeferino and two other men stand with their backs to a sidewalk and arms in the air.

Diaz-Zeferino, who was drunk, then lowered his hands and slowly took about five small steps toward police. He spread his arms out with palms open as if to plead with them. Told to put them back up, he complied, then removed his ball cap and lowered his hands as shots were fired.

Footage shot in front of him shows his palms open and facing upward. Footage from a second camera behind two of the officers to the side of Diaz-Zeferino show his right hand briefly swing out of view at his waist as they fire.

The officers said they feared he was reaching for a weapon.

What the videos don’t show is that he wasn’t armed, and witnesses said Zeferino was trying to tell police they had the wrong men.

The stolen bike belonged to his brother. He and the two other men were friends looking for it.

The unlocked bike was swiped outside a CVS pharmacy. Police dispatchers erroneously reported it as a robbery and made it a high-priority call, raising the specter of armed suspects.

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 he may ask federal prosecutors to investigate whether the shooting was a civil rights violation.

“When the public sees the video and other law enforcement agencies see the video, this is very much a criminal act,” Paz said.

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

Diaz-Zeferino crumpled to the ground after the gunfire. Eutiquio Acevedo Mendez, who was shot once and injured, toppled to the street and lay still.

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

___

Associated Press writer Amanda Lee Myers contributed to this story.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

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Dr. John E. Warren Publisher, San Diego Voice & Viewpoint
Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By  Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

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Congresswoman Lateefah Simon (D-CA-12). File photo.
Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Activism

Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

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iStock.
iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend.  The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve  heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs.  If beneficiaries can’t agree, hire a private mediator and attorney to work things out.  The moment you walk into court, you are vulnerable to the whims of the court.  Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion.  In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice.  The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST.  Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.

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