Our top story on midday edition. Another fatal San Diego police shooting is bring about controversy. Lamontes Jones was killed by police after officers say he pulled out of the gun. The police who shot the 39-year-old African-American man did not turn on their body cameras before the shooting. The DA office down the shooting legally justified. We contacted the police who said they couldn't comment. Earlier today I spoke with James Segall Gutierrez the attorney representing the family of Lamontes Jones. James welcome to the program. Thank you. The family of Lamontes Jones is pursuing a wrongful death claim even though his mother says she knows he pulled out of state done when confronted by police. Why is the basis of this wrongful death claim? The basis is that just because somebody has a fake weapon it does not entitle law-enforcement to kill them if they know it's a fake weapon. Can you remind us of the circumstances surrounding the shooting in October in the gaslamp Quarter? From my understanding, one of the reasons for filing the claim, were trying to find out from evidence of what occurred. If there's any video of the incident. We do have eyewitnesses that state their impression with law enforcement was well aware of the fact that the legend weapon he was holding was fake. It's now been proven it is paid and it was a 20. The family [Indiscernible] they want make sure that law enforcement did everything they could to avoid killing him instead of just overtly killing him knowing that he had a fake gun in his hand. Another thing that his mother has told reporters is that she wants to know why Lamontez was stopped were approached by police in the first instance. Are you clear on why that happened? Know. I have no idea why they stopped the African-American male inmate day in the gaslamp district. I have no clue. I can only imagine and speculate. I have no idea why they stopped him. As you said James, one of reasons this by all has to be is to release the body cameras. Apparently the police did not turn on their body cameras but from a nearby surveillance camera. How soon might that video be available? Here's what's going on, when a person files a lawsuit were preparing to file a lawsuit, they first have to file a claim for damages. Is required by the state court to preserve the state claim for damages which is data entry, and other motions. Along with the civil rights causes of action were going to be filing. Once we filed the claim for damages, with week 45 days and it's deemed rejected after 45 days if they're not contacted. Your center rejection letter. At that point we can file in federal court, the San Diego federal court. Once we file in federal San Diego court will have subpoena power. With that subpoena power weakens the peanut any and all evidence. Soup peanut any and all evidence. Were hoping to get extensive notes, video, eyewitness accounts. Right now the families in the dark. Of course the grieving. We saw was on television. Time and time again we hear the stories of folks being killed even though they have a fake weapon and law enforcement is aware that they have a fake weapon or they have psychological episode law enforcement needs to be retrained as far as were concerned. In order to deal folks having psychological episodes. James, I know it may be difficult because the family intends make that video public? Of course. To be asking for damages but it sounds like the main thing the family wanted answers? They want answers and if we find through the evidence that there sunless killed unjustly them we want justice as well. -Speaking with James Segall-Gutierrez attorney for the family of Lamontes Jones. Thank you very much. Thank you.
The family of a black man who was shot and killed by two San Diego motorcycle police officers has filed a wrongful death claim against the officers and the city.
Lamontez Jones was killed in October after a confrontation with police in the Gaslamp Quarter.
Police say Jones aimed a replica handgun at the officers. The San Diego County district attorney has ruled the shooting legally justified since both officers believed the handgun was real.
The family says there is more to the story. They want to find out what led police to pursue Jones. By filing a claim, they hope to get access to video from a nearby business that may show how the shooting unfolded.
“We do have eyewitnesses that state that law enforcement was well aware of the fact that the alleged weapon that he was holding was actually fake. ... The family wants closure,” James Segall-Gutierrez, the attorney representing Jones' family, told KPBS Midday Edition on Wednesday. “They want to make sure that law enforcement did everything they could to avoid killing him, instead of just overtly killing him knowing that he had a fake gun in his hand.”
DOCUMENT: Claim Against The City Of San Diego And The San Diego Police Department
Segall-Gutierrez said that if the evidence suggests Jones was unjustly killed, the family would want justice.
“Right now the family is in the dark and, of course, they're grieving,” the attorney said. “We saw what we saw on television, but time and time again, we hear these stories of folks being killed. ... Law enforcement needs to be retrained, as far as we're concerned, in order to deal with folks who are having a psychological episode.”
DOCUMENT: Letter From The San Diego County District Attorney's Office
