Family of Keith Porter demands charges to be filed against ICE agent who fatally shot him
The family of Keith Porter was joined by community advocates on Wednesday as they demanded that charges be filed against the off-duty Department of Homeland Security agent who fatally shot Porter on New Year's Eve in Northridge.
The news conference and rally, supported by Black Lives Matter-Los Angeles and the NAACP, took place at the Hall of Justice in Los Angeles.
"There's a double standard that exists and we're saying that there ought to be one standard of justice, not a standard for ICE officers and a standard for the rest of us," said Baba Akili, a community activist with BLM. "We are calling for one standard of justice, and that justice starts with firing Brian Palacios."
Family members voiced frustration over the lack of movement in the case, as Los Angeles County District Attorney Nathan Hochman said earlier that he was waiting on the LAPD investigation to be turned over before considering filing charges against the agent, who has been identified as Brian Palacios.
The District Attorney's Office said on Wednesday that it has received the case and it is currently under review.
"Our experienced prosecutors will conduct a thorough analysis of all the facts and evidence to determine whether criminal charges can be proven beyond a reasonable doubt," the DA's office wrote in an email.
Porter, a 43-year-old father of two, was shot by an off-duty U.S. Immigration and Customs agent outside the apartment where he lived. His family says he was shooting a gun in the air to celebrate the new year. A statement from DHS about the incident describes it as an "active shooter situation."
The agent was in his apartment when he heard what he suspected were multiple gunshots, according to DHS.
"The officer took his ICE-authorized firearm and left his apartment to investigate. He moved to the ground level and went outside, where he believed the suspected gunfire was coming from," then-DHS Assistant Secretary Tricia McLaughlin said in January.
McLaughlin's statement says that the officer rounded the corner of the building, where he encountered Porter, who they said was allegedly armed with a long rifle.
"The ICE officer identified himself as law enforcement. In response, the individual pointed his weapon at the ICE officer. The officer ordered the subject to put the weapon down," McLaughlin said. "When the subject refused to comply, the officer fired defensively with his service weapon at the subject to disarm him. The subject fired at least three rounds at the officer."
Porter's family and friends say they don't believe the agency's account of the night's events is accurate, adding they can't believe the case hasn't been handled more quickly.
"He was murdered on New Year's Eve. And here we are in July, finally with the case moving to the DA's Office," said Jsané Tyler, Porter's cousin.
She said the family will not rest "until his murderer ... has been charged and arrested for his murder."
The DA's Office said cases like this one can take several months or more to resolve.
"Our experienced prosecutors will conduct a thorough analysis of all the facts and evidence to determine whether criminal charges can be proven beyond a reasonable doubt," said a statement from the DA's Office, in part. "Given the complexity of that process, it is difficult to predict a timeline for completion."
CBS LA has reached out to both DHS and an attorney for Palacios regarding the ongoing case, but has not yet heard back.
