Anaheim family plans to sue after son shot, killed by officer

The family of a 19-year-old man shot and killed by Anaheim police earlier this month announced on Tuesday that they plan on filing a lawsuit against the department.

Alberto Arzola was at his home on the 800 block of Philadelphia Street around 9:30 p.m. on Dec. 6 when he and several others were encountered by officers with the Anaheim Police Department performing "gang-suppression patrols," the department said. 

When officers attempted to detain Arzola, police said, a struggle ensued and an officer fatally shot him. Officers recovered an "assault-style firearm" from the scene.

During an emotional news conference, civil rights attorney V. James DeSimone, who is representing the family, offered an alternate version of Anaheim PD's story.

DeSimone said a 14-year-old was spraying graffiti in front of the home when an unmarked police vehicle with tinted windows pulled up. Arzola and the others attempted to run in the home when officers exited their vehicle with guns drawn.

He said officers then pinned Arzola to the ground. 

Body-worn camera footage released by Anaheim PD corroborates that information, and shows officers grab Arzola off of the home's porch before a shooting ensues. It's not clear from the footage whether Arzola reached for a firearm.

The first 30 seconds of the footage, which includes when Arzola was fatally shot, do not include sound. It's not clear if the officers identified themselves before the shooting.

Anaheim PD claims that was due to "buffering."

"We can't hear anything that the police officer commands and we can't hear the cries of Alberto as he was saying 'don't shoot me, don't shoot me' as an officer grabbed his hoodie and had a gun in his other hand," DeSimone said. 

DeSimone said that, from his point of view, Arzola was attempting to get on the ground and show his empty hands to officers in the body-cam footage.

The officer "repeatedly fired" shots into Arzola's back and neck, DeSimone said, and didn't turn the camera on until the teenager was dead.

"It was a wrongful death," DeSimone said. "It violates [Anaheim PD's] policies, it violates their training and it violates the United States Constitution."

When reached for comment, the city of Anaheim said its "thoughts go out to the family."

"We believe our officers acted in the best interest of public safety," the city said in a statement. "Beyond that, we want to respect the thorough reviews underway and caution against any rush to judgment."

The family has filed three claims in the case, which is a precursor to a lawsuit. In addition to Arzola, a claim has been filed on behalf of the 14-year-old who witnessed the shooting, and another man who was hit with a less-than-lethal munition in the shooting's aftermath and suffered a head injury, DeSimone said.

During the news conference, Arzola's family recalled fond memories like his recent graduation from Katella High School and his love of sports and cooking.

"My son didn't deserve this at all," his mother, Rosie Camacho,  said. "He loved his family."