'Insufficient Evidence' For Arrest Of LAPD Officer Who Fired At Anaheim Teens

ANAHEIM, CA — Local officials stated on Thursday that there was insufficient evidence to arrest an off duty Los Angeles County Police Officer for his actions during a run in with Anaheim teenagers earlier this week.

"Officers who responded to Tuesday's altercation between an off-duty LAPD officer and a group of teenagers determined that there was insufficient evidence at the time to prove the officer's actions rose to the level of a criminal act," Anaheim police Chief Raul Quezada said. "Thus he wasn't arrested."

The skirmish and gunfire was caught on cell phone video that has since been widely circulated, contributing to protests that turned violent in Anaheim Wednesday night, resulting in nearly two dozen arrests. Some demonstrators questioned why Anaheim police arrested two teens involved in the Tuesday afternoon confrontation, but the officer was not.

Anaheim police Chief Raul Quezada told reporters his officers interviewed everyone involved in the skirmish, and arrested a 13-year-old boy on suspicion of making criminal threats, with the off-duty officer contending that the teen had threatened to shoot him. The boy said he told the off-duty officer he was going to "sue" him.

Another teen was arrested for allegedly assaulting the officer during the struggle. Quezada said the off-duty officer, who has not been identified, was interviewed and his weapon was seized.

"There was insufficient evidence at the time to prove the officer's actions rose to the level of a criminal act," Quezada said. The chief noted that the officer did not aim his weapon at anyone, but fired at the ground.

Quezada said the investigation would ultimately be turned over to the Orange County District Attorney's Office for review within two weeks, and although the officer was not arrested, "criminal charges could still be brought against any and all parties involved."

He added that the confrontation was the culmination of an ongoing dispute between the officer and teens who have repeatedly walked on his lawn.

"I personally wish the officer would have awaited our arrival before taking action," the chief said.

The confrontation between the off-duty officer and teens occurred just before 2:45 p.m. Tuesday.

Anaheim police responded to a report of a fight between a man and several boys and learned en route that the man was an off-duty LAPD officer who had "discharged his firearm and was detaining at least one of the juveniles," said Wyatt. The Anaheim Police Department also is investigating the shooting.

The video of the conflict has generated a great deal of interest. Anaheim police Sgt. Daron Wyatt said the video "picks up several houses down from where the initial contact was made."

For several months, the officer has been dealing with local teens walking across his lawn, Wyatt said, and the officer asking the teens to walk on the sidewalk Tuesday sparked the fight.

The boy and his mother insisted, however, that the teen said he would "sue" the officer for injuring him. On the video, the boy is heard insisting he said "sue you," not "shoot you."

At one point, another boy barreled into the officer, knocking him and the boy over some bushes, but the officer maintained his hold on the teen. Another teen also stepped in to try to pull the 13-year-old boy away, and that teen appears to take a punch at the officer, but failed to hit him.

The officer continued holding on to the 13-year-old and as he was getting up other onlookers appeared to converge on the officer, who responded by pulling a gun out of his waistband. The teens started to back off, then ran when the officer fired a shot.

The officer continued to hold the 13-year-old until Anaheim police arrived.
Some witnesses criticized Anaheim police for arresting two teens, including the 13-year-old, but failing to take any action against the officer who fired his gun. That anger spilled into Wednesday night's protests, that featured some people surrounding vehicles on a street.

The LAPD officer has been reassigned to a desk job, which is routine in an officer-involved shooting.

Anaheim Mayor Tim Tait said the city is committed to a thorough, impartial investigation of Tuesday's shooting.

"Like many in the community, I've seen the video and I'm very concerned about what it shows," Tait said. "Anaheim is committed to a full and impartial investigation. Our city will move forward without delay."

Once the investigation is completed the results will be forwarded to the Orange County District Attorney's Office for review, Wyatt said.

According to the LAPD, "The complete investigation will be reviewed by the chief of police and the Board of Police Commissioners to determine whether the use of deadly force complied with LAPD's policies and procedures."

Jennifer Rojas, community engagement and policy advocate at the ACLU of Southern California, said the organization is "deeply disturbed" by reports and video of what occurred.

"The ACLU calls on the LAPD to investigate the matter fully and take appropriate action in regard to the officer," she said.

City News Service contributed to this report.

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