A pair of robbers who were injured after being shot dead by Los Angeles Police Department officials are pursuing legal action against the city.
The victims, identified in legal documents as Victor Diaz and Jesus Rojas, faced with violent assault-style people trying to steal them on December 28th, while standing in front of a church in the 1700 block of East 114th Avenue in South Los Angeles.
The suspect, later identified as 54-year-old Kevin Dobby by LAPD, fought Diaz and Rojas after the two thrust him and took him to the ground.
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LAPD later said that regular patrol officers noticed the fight and came out to assess the situation, and that one of the victims warned them of Dobby’s gun and approached the brawl.
It was around 11:30pm on December 28th that a suspicious robber was walking to two victims standing on the sidewalk in front of a church in the 1700 block of East 114th Avenue, according to a preliminary investigation by the Los Angeles Police Department. (LAPD) According to a preliminary investigation by the Los Angeles Police Department, it was around 11:30pm on December 28th that a suspicious robber was walking to two victims standing on the sidewalk in front of a church in the 1700 block of East 114th Avenue. (LAPD) According to a preliminary investigation by the Los Angeles Police Department, it was around 11:30pm on December 28th that a suspicious robber was walking to two victims standing on the sidewalk in front of a church in the 1700 block of East 114th Avenue. (LAPD)
The officers called for backup and began giving Dobby many verbal orders, telling him to drop the gun as he was still struggling with the victim. At least one officer fired fire as the victim tried to escape from him, police said.
Afterwards, Dobby “supported herself with her rifle and started running,” when officers fired again.
“During the incident, the suspect was shot and dropped his rifle under a nearby parked car,” LAPD said, adding that the two victims, later revealed to be Diaz and Rojas, were also shot and taken to hospital in stable condition.
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“I thought I was going to die,” one of the victims who didn’t want to show his face said at a press conference Wednesday morning that announced the filing of a legal claim.
Dobby was taken into custody without further incident. Loaded black and brown AK-style .22 caliber rifle and approximately 3-inch folding knife were found on site and collected as evidence.
Loaded black and brown AK-style 0.22 caliber rifle and approximately 3-inch folding knife were found on site and collected as evidence. (LAPD) Loaded black and brown AK-style 0.22 caliber rifle and approximately 3-inch folding knife were found on site and collected as evidence. (LAPD) Loaded black and brown AK-style 0.22 caliber rifle and approximately 3-inch folding knife were found on site and collected as evidence. (LAPD)
On Wednesday, lawyers representing Diaz and Rojas announced they would file legal claims against the city of Los Angeles. Legal claims are the precursors of litigation.
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“We are alleging negligence in not shooting properly and not properly assessing it,” Attorney Michael S. Carrillo said at a press conference Wednesday morning. “What these officers did was respond to a fast moving situation – we can all understand, but you can’t shoot the victim.”
LAPD has begun using force investigations. However, it may take up to a year to complete. KTLA has made a request to LAPD to comment on the issue, but the department generally does not respond to pending lawsuits.
The city has 45 days to accommodate filings.
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