View Mobile Site
 

Ask the Expert

Signal Photos

 

Federal lawsuit filed in SCV deputy shooting

Posted: April 20, 2016 8:30 a.m.
Updated: April 20, 2016 8:30 a.m.
A Santa Clarita Valley couple whose son was shot and killed by a local sheriff’s deputy during a traffic stop in January is suing the Los Angeles County Sheriff’s Department, court papers filed in federal court indicate.  A Santa Clarita Valley couple whose son was shot and killed by a local sheriff’s deputy during a traffic stop in January is suing the Los Angeles County Sheriff’s Department, court papers filed in federal court indicate. 
A Santa Clarita Valley couple whose son was shot and killed by a local sheriff’s deputy during a traffic stop in January is suing the Los Angeles County Sheriff’s Department, court papers filed in federal court indicate. 
A A A

A Santa Clarita Valley couple whose son was shot and killed by a local sheriff’s deputy during a traffic stop in January is suing the Los Angeles County Sheriff’s Department, court papers filed in federal court indicate.

Miguel and Anna Hernandez filed a civil suit last week against the Sheriff’s Department over the death of their 39-year-old, son Miguel A. Hernandez.

They claim in the suit that there was “no reasonable suspicion or probable cause for the traffic stop.”

On Jan. 14, between 7:30 p.m and 8 p.m., the younger Hernandez was driving his car on Shangri-La Drive when a deputy “effected a traffic stop as Miguel was turning left onto Nathan Hill Drive,” the couple claims in their suit.

The couple’s lawyer, John Burton, said Tuesday he is amending the civil rights violation lawsuit to include the deceased man’s three children as plaintiffs in the civil action.

“He had three children and they will now be added to the case as plaintiffs,” Burton said.

In reflecting on the lawsuit, Burton said: “He was pulled over, got out of his car and the deputy shot him with one shot.”

“They say he was armed but there is no evidence of that,” Burton said.

The account in the lawsuit differs markedly from the version reported by Sheriff’s Department investigators.

Officials with the Santa Clarita Valley Sheriff’s Station reported on the night of the shooting that a knife was recovered at the scene.

“It wasn’t like it was knife-throwing distance,” Burton said. “It was a traffic stop.”

The lawsuit in its present form states: “Miguel had nothing in his hands and was not belligerent.”

“The deputy ordered Miguel to get back in the car,” the suit said. “As Miguel turned to comply with the instruction to get back in the car, the deputy fired one shot from his pistol, which struck Miguel, who then dropped to the ground.”

The lawsuit also claims the deputy failed to summon medical help promptly, and by the time it arrived it was too late to save Miguel Hernandez’s life.

Sheriff’s homicide Lt. Eddie Hernandez reported Miguel Hernendez was believed to be a member of the Brown Familia gang and that the car he was driving was believed used in an earlier drive-by shooting.

Hernandez said the deputy pulled the suspect’s car over and the driver immediately stepped out and started yelling profanities at the deputy while appearing to challenge him to a fight.

The deputy repeatedly ordered the man to put his hands in the air but he ignored all commands, Hernandez said, then turned his body and appeared to reach for a weapon behind his back before the deputy opened fire.

Detectives also recovered a knife at the scene, described as a “black folding knife with a rubber combat grip and a three-inch blade,” Hernandez said.

[email protected]
661-287-5527
on Twitter @jamesarthurholt

 

Comments

Commenting not available.
Commenting is not available.

 
 

Powered By
Morris Technology
Please wait ...