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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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Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

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Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

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Congresswoman Barbara Lee
Congresswoman Barbara Lee

By California Black Media

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12).

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

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Commentary

Commentary: Republican Votes Are Threatening American Democracy

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day. We needed to know the blunt truth. The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

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It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.
It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

By Emil Guillermo

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day.

We needed to know the blunt truth.

The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

And to save it will require all hands on deck.

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening.

That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

No man is above the law? To the majority of his supporters, it seems Trump is.

It’s an anti-democracy loyalty that has spread like a political virus.

No matter what he does, Trump’s their guy. Trump received 51% of caucus-goers votes to beat Florida Gov. Ron DeSantis, who garnered 21.2%, and former South Carolina Gov. Nikki Haley, who got 19.1%.

The Asian flash in the pan Vivek Ramaswamy finished way behind and dropped out. Perhaps to get in the VP line. Don’t count on it.

According to CNN’s entrance polls, when caucus-goers were asked if they were a part of the “MAGA movement,” nearly half — 46% — said yes. More revealing: “Do you think Biden legitimately won in 2020?”

Only 29% said “yes.”

That means an overwhelming 66% said “no,” thus showing the deep roots in Iowa of the “Big Lie,” the belief in a falsehood that Trump was a victim of election theft.

Even more revealing and posing a direct threat to our democracy was the question of whether Trump was fit for the presidency, even if convicted of a crime.

Sixty-five percent said “yes.”

Who says that about anyone of color indicted on 91 criminal felony counts?

Would a BIPOC executive found liable for business fraud in civil court be given a pass?

How about a BIPOC person found liable for sexual assault?

Iowans have debased the phrase, “no man is above the law.” It’s a mindset that would vote in an American dictatorship.

Compare Iowa with voters in Asia last weekend. Taiwan rejected threats from authoritarian Beijing and elected pro-democracy Taiwanese vice president Lai Ching-te as its new president.

Meanwhile, in our country, which supposedly knows a thing or two about democracy, the Iowa caucuses show how Americans feel about authoritarianism.

Some Americans actually like it even more than the Constitution allows.

 

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1.

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