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ANAHEIM, Calif. () — The family of a man fatally shot by Anaheim police in September has filed a claim against the city, alleging officers used unnecessary deadly force while he was suffering a mental health episode.
Attorneys for the family of Rudy Martinez said the Anaheim resident was in clear distress when police encountered him.
“We believe in fact the shooting was murder and we are demanding justice,” Jamal Tooson, an attorney for Martinez’s family, said at a press conference Thursday.
Martinez was armed with a shovel and used it to hit the officer’s patrol vehicle, body-camera footage shows. Police said Martinez advanced toward the officer in an “aggressive and threatening manner” before the shooting.
Tooson said the situation warranted a response from mental health counselors or advocates instead of police.
“They sent the Anaheim Police Department who shot and killed him within seconds of arrival,” Tooson said.
The claim filed is a precursor to a lawsuit.
Attorneys say they’ve viewed body-camera footage of the shooting, and it raises serious questions about how police handled the situation.
Bodycam footage from the responding officer shows Martinez hitting the patrol car with a shovel.
“At this point, the officer didn’t put the patrol car in reverse,” Tooson said when describing what was seen in the video.
“The officer didn’t consider grabbing non-lethal force, but he grabbed his gun,” Tooson added. “When he got out of the car, Rudy walked toward him with the shovel. The officer shot and killed him and left him to die on the street.”
Anaheim officials said the response took place near a school that was in session.
“Our officer responded to a call next to an elementary school in session where, without provocation, he immediately faced a threat to life and safety,” city spokesperson Mike Lyster said. “We recognize the importance of mental health intervention. Sadly, there was no time to bring in resources and to do so without putting the lives of mental
health workers at risk.”
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