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SANTA ANA, Calif. () — The family of a man who was shot and killed by police in Santa Ana last week has filed a claim against the city, claiming the officer who was involved used excessive force and did not follow his training.
The family of 18-year-old Victor Lopez held a press conference Thursday morning alongside their attorneys. The move is the first step before filing a lawsuit.
“I’m not here to ask for justice, I’m here to demand it,” said the victim’s sister, Emily Lopez. “Victor was not a threat. He was a young man with a baby and a future.”
The shooting happened on Jan. 28.
Lopez was driving with his fiancé and young child in the car when police said he failed to stop when officers tried to pull him over.
He ultimately pulled into a parking garage near his home and got out of the vehicle. Lopez’s family’s attorneys say he tripped and a gun that was in his possession fell to the ground.
Attorneys would not confirm if he had a permit to possess the firearm but allege, he turned away from the officer and bent down to surrender.
“You have an individual that was surrendering, someone that was in the process of proning out, and was shot in the back three times, something that should not have occurred,” said attorney Bryan Harrison.
The Santa Ana Police Department described the incident differently, saying Lopez got out of the car and started walking toward the officer with his hands raised, but suddenly turned and walked back toward the gun on the ground and lowered his hands.
They said the officer commanded not to reach for the gun, then the shooting occurred.
“He was surrendering, and if the officer thought he was reaching for the firearm, that still in and of itself does not provide legal justification for use of force,” said attorney Adante Pointer.
The family’s claim does not specify the amount the family is seeking.
As the Santa Ana Police Department and the Orange County District Attorney’s Office continue to investigate the shooting, Lopez’s family is calling for the release of body camera footage.
“We’re demanding that the city release the video immediately,” Pointer said.
Police said per their policy, they have 30 days from the date of the incident to release the bodycam footage.
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