A Los Angeles police officer will not face charges for shooting and killing an unarmed homeless man in Venice in 2015.
The Los Angeles County District Attorney’s office declined to bring charges because they couldn’t prove Officer Clifford Proctor acted unlawfully when he shot Brendon Glenn in the back in 2015 in Venice,
‘After an independent and thorough review of all the evidence in this case, we cannot prove beyond a reasonable doubt that Officer Proctor did not act within the law,’ Los Angeles County District Attorney Jackie Lacey said.
LAPD Chief Charlie Beck had recommended that charges be brought against the officer considering that Glenn was unarmed, and his death sparked a series of protests across Los Angeles.
Glenn was killed during a struggle with officers outside a bar where he had fought with a bouncer.
The 29-year-old of Troy, New York, was on his stomach and trying to push himself up when Proctor shot him twice in the back, according to police.
A police report said Proctor told investigators that he saw Glenn’s hand on his partner’s holster and thought he was trying to grab the other officer’s gun.
However, police have said that Glenn wasn’t trying to take a gun from Proctor or his partner when he was shot, and Proctor’s partner told investigators that he didn’t know why the officer opened fire.
The 29-year-old of Troy, New York, was on his stomach and trying to push himself up when Proctor shot him twice in the back, according to police (pictured). A police report said Proctor told investigators that he saw Glenn’s hand on his partner’s holster and thought he was trying to grab the other officer’s gun
However, police have said that Glenn wasn’t trying to take a gun from Proctor or his partner when he was shot, and Proctor’s partner told investigators that he didn’t know why the officer opened fire
An attorney for Glenn’s family called the prosecutors’ decision ‘spineless’ and said it highlighted a conflict of interest when prosecutors are tasked with deciding whether to charge police officers.
‘There’s no accountability,’ she said. ‘It’s a travesty of justice. It’s horrible. I don’t understand.’
Camprone said her Glenn wa in California for a year of travel meant to be part work, part vacation. She spoke to him the Sunday before his death and learned he planned to return to New York soon because he missed his three-year-old son, she said.
‘This officer has to live with what he did for the rest of his life. He tore a family to shreds,’ she told The News. ‘They said my son was homeless. He wasn’t homeless. He was on a work vacation and he was coming home. This has been emotional hell.’
‘Officer Proctor did not act to deescalate the situation,’ lawyer V James DeSimone said in a statement. ‘This tragic death could have been avoided with common sense policing.’
The shooting, which came amid tensions nationwide over police killings of unarmed black men, drew angry protests in the city. Both Glenn and Proctor are black.
Glenn’s name has become a rallying cry against police shootings in Los Angeles, and activists have held a series of protests outside Lacey’s office. The activists say the office hasn’t prosecuted an on-duty officer for a fatal shooting in 16 years.
Los Angeles County District Attorney Jackie Lacey said there is no proof that Proctor (on crutches) did not act within the law near the Venice Beach boardwalk in 2015
LAPD Chief Charlie Beck had recommended that charges be brought against Proctor (on crutches) considering that Glenn was unarmed, and his death sparked a series of protests across Los Angeles
Surveillance video from a nearby bar did not show Glenn reaching for the weapon, and Proctor’s partner, Jonathan Kawahara, said he didn’t see Glenn’s hand go near his gun, a district attorney’s report said.
Prosecutors said even if Glenn wasn’t reaching for Kawahara’s gun, the struggle could’ve caused Proctor to fear that he was.
The district attorney did not decide the shooting was justified and instead said Porter ‘could have a rather credible and successful claim that in this struggle to lawfully arrest this man that he feared that there was a threat of death or great bodily injury.’
Beck’s unprecedented recommendation to charge the officer was not helpful to the case, Lacey said. Such letters raise expectations when the evidence may not be there to support the conclusion, she said.
Proctor’s attorney, Bill Seki, said he believed the district attorney made the right decision and Proctor was in imminent danger when he shot Glenn.
‘That’s been our position all along that his actions weren’t criminal,’ Seki said.
Glenn’s name has become a rallying cry against police shootings in Los Angeles, and activists have held a series of protests outside Lacey’s office.
Glenn’s mother, Sheri Camprone, said her Glenn was in California for a year of travel meant to be part work, part vacation
Proctor resigned from the Los Angeles Police Department in 2017. The city paid $4million to settle a wrongful death lawsuit that was brought by Glenn’s relatives
Proctor resigned from the Los Angeles Police Department in 2017. The city paid $4million to settle a wrongful death lawsuit that was brought by Glenn’s relatives.
The report included officer body-camera footage , which is rarely released by Los Angeles authorities, and surveillance videos.
Investigators said they also took statements from 10 civilian witnesses, used DNA analysis and brought in a use-of-force expert to consult on the case.
The Los Angeles Police Protective League, the union that represents rank-and-file police officers, said Lacey ‘followed the evidence in this case and did not succumb to political posturing or pressure.’
While Proctor was on leave after the shooting, internal affairs investigators referred a case to the district attorney’s office against him because they found he ‘was not at home when he was supposed to be,’ but prosecutors declined to bring criminal charges.
In 2016, Proctor was charged in a separate case with domestic battery and is also accused of violating a court order and dissuading a witness from testifying, Orange County prosecutors said. He has pleaded not guilty and is awaiting trial.
Las Vegas Metro police shot and killed a 22-year-old man early Friday morning after he reached for a weapon and defied commands repeatedly, police said.
Officers Francisco Rivera, 28, and Padilla Mills, 23, were involved in the shooting in the 200 block of Madge Lane, near Charleston Boulevard and Sloan Lane.
Assistant Sheriff Brett Zimmerman on Monday said officers were on their way to another call when they spotted Junior David Lopez driving recklessly with two women in a blue Chrysler 300.
“Hey, what are you doing? Stay in the car man,” one of the officers yelled. “Stay in the ****ing car! Don’t move! Do not ****ing move!”
When officers stopped the vehicle, Lopez got out of the vehicle with a Smith and Wesson Bodyguard .380 firearm in his hand then tossed it on the ground, police said.
Zimmerman said Lopez defied officers’ commands to put his hands up and step away from the weapon. Instead Lopez grabbed the firearm and raised it, he said.
“Hey, get away from the gun!” officers yelled. “Do not move! Don’t reach for the gun, man. Do not reach the gun.”
Officers believe the body camera footage shows Lopez twice saying the words “shoot me.”
“I don’t know what was going through his head, but he was given ample opportunity to be taken into custody and he wasn’t,” Zimmerman said.
Officers Rivera and Mills both fired their weapons. Lopez fell to the ground and rolled over. Police say he reached for the guns once more. Officer Mills fired one more round, striking Lopez.
“We’re going to need medical for the subject,” one of the officers said, over his radio. “He’s reaching. Don’t reach for it! … His 4-13 is about one foot from his left hand. Don’t!”
Lopez was taken to Sunrise Hospital where he later died at 5:15 a.m.
The two women in the car were not injured. One was Lopez’ girlfriend and the owner of the vehicle. The other was a friend.
Both women on Monday night.
“I remember when we got pulled over they told us to get the **** out of the car, for him to get the **** out of the car. Why don’t I hear that in the video?” said Lopez’s girlfriend, Amber. “He was the best thing in my life… He said, ‘Don’t shoot me. Don’t shoot me. Don’t shoot me.’ You can’t hear the don’t, but you can hear him. ‘Don’t shoot me. Don’t shoot me.'”
Assistant Sheriff Brett Zimmerman said 22-year-old Junior Lopez told officers to shoot him, twice.
“I don’t know what was going through his head but he was given ample opportunity to be taken into custody and he wasn’t.”
Lopez’s girlfriend said he was yelling, “Don’t shoot me!”
Lopez’s girlfriend also says officers told him to get out of the car… before they yelled at him to get back in the car. She argues that the first portion was conveniently cut out of the video released today.
“Everything they said is not true,” said Jorge Luis Martinez, Lopez’s father. “The video is not complete. ”
Lopez had one prior charge for false statement to a police officer in North Las Vegas in 2016
Both officers have been employed with Metro since May 2016. They are both assigned to the Community Policing Division Northeast Area Command. They were both placed on routine paid administrative leave pending the outcome of the investigation.
How an anti-illegal immigration YouTuber turned a $280 fine into a federal criminal trial
It began as a $280 citation for using a video camera in a courthouse.
But to Gary Gileno, at stake was much more than the couple hundred bucks he was told to pay.
An attorney for the anti-illegal immigration activist and prolific YouTuber told a judge Friday that the four-hour trial over the fine was really about preventing government abuse of power, protecting the rights of journalists and ensuring that citizens can hold public officials accountable.
“If he is convicted … it’ll chill speech, it’ll chill journalism, it’ll say the federal government has a superpower to do whatever it wants,” attorney William Becker said. “This is unprecedented. This is what we expect to see in a police state.”
A federal prosecutor dismissed the rhetoric, arguing the Class C misdemeanor charge was simply about Gileno’s refusal to follow a security officer’s orders.
The unusual legal battle came after Gileno, 32, tried to bring a video camera into a meeting of the Los Angeles County Sheriff Civilian Oversight Commission last year. California law specifically allows the public to use recording devices at such meetings, but the commission’s meeting in August was held at a federal appellate court building where filming is prohibited.
Someone just detained at federal courthouse, where public Sheriff Civilian Oversight Commission meeting takin place, 4 trying 2 take pic
The commission, a civilian panel set up to monitor the Sheriff’s Department and listen to public concerns about the agency, had been gathering in different locations around the county since it began meeting in January 2017. This was the first time commissioners had met at the 9th Circuit Court of Appeals building in Pasadena.
As Gileno entered the courthouse, deputy U.S. marshals told him he had to leave his camera in his car. Gileno insisted he had a right to record the meeting under the First Amendment and the state’s open meetings law, known as the Brown Act, and began filming the officers.
After Gileno was cited, Robert C. Bonner, a former federal judge who chairs the commission, told The Times he wasn’t aware of certain provisions of the state’s open meetings law and relied on the county’s lawyers for legal advice.
Rather than pay the fine, Gileno opted to take his case to trial, facing a penalty of up to a $10,000 fine and 30 days in jail if found guilty.
Gileno, who began his YouTube career after showing up at his local council meeting in West Covina, said he has made a living off of his channel in recent years. His copious videos — 3,237 and counting — focus primarily on denouncing illegal immigration and promoting supporters of President Trump. His criminal case may have been a boon for his channel — a recent screed on his own prosecution was viewed more than 10,000 times.
On Friday, two court security officers who clashed with Gileno took the stand and testified that there were signs clearly posted saying photography wasn’t allowed in the courthouse. They said Gileno grew belligerent and disruptive, turning on his camera after being warned several times that it was not allowed.
Testifying in his own defense, Gileno said he was a freelance citizen journalist who has attended and filmed local government meetings and legislative town halls for about five years.
“I believe in the United States of America, you should be able to keep tabs on the government,” he said.
In more than 250 other public meetings he attended, he said, he never had an issue with bringing in his video camera. He said the security officer all of a sudden “exploded” at him, so he turned on his camera “to document what I felt was a violation of my rights at the time.”
Assistant U.S. Atty. Benedetto Lee Balding said Gileno’s disruption of security officers working at the 9th Circuit Court of Appeals was no small matter. It was Gileno who escalated the encounter by refusing to go along with the officers’ orders, he said.
“He decided unilaterally he didn’t have to follow the rules,” the prosecutor said.
Becker, who primarily represents conservatives and Christians in free-speech cases, worked for free on Gileno’s case. He argued that the federal courthouse essentially became a “limited public forum” when it hosted the commission meeting, which Gileno should have been allowed to film under the state law.
Magistrate Judge Jean P. Rosenbluth said she could understand why Gileno was angry and frustrated given his past experience filming the meetings, but she said that didn’t excuse his failure to follow orders. Security at the appellate courthouse, where justices could be filmed without their knowledge, was a serious concern, the judge said.
“Even if these seem arbitrary or don’t make any sense to Mr. Gileno or anybody else, clearly they serve this very important purpose,” Rosenbluth said, finding Gileno guilty.
Acknowledging that a “misunderstanding” had led to the kerfuffle, the prosecutor recommended a sentence of no fine, which would leave Gileno having to pay just $35 in court fees. Rosenbluth said she felt the need for “some consequences” and ordered Gileno to pay a $50 fine, bringing his total penalty to $85 with the fees.
Gileno said he was “outraged” and “astounded.” After the verdict, he turned to nine supporters in the audience, including a man in a red “Make California Great Again” hat, and exclaimed, “I was never read my rights!”
His attorney said they would seriously consider an appeal and possibly a civil lawsuit against the government.
“What the judge just said is if a city council can move to a federal building, they can keep the meeting secret,” Gileno said. “That’s grossly illegal.”