LOS ANGELES – The mother and children of a man police said was armed with a knife during a domestic violence incident before being shot to death by Los Angeles police officers in 2021 filed court papers Wednesday against the city and two officers, alleging unreasonable force was used and that officers waited about six minutes to give him first aid.
In the still unofficial Los Angeles Superior Court lawsuit, Maria Rodriguez, the mother of the late Rosendo Olivio, and his minor children, represented by guardians, allege that officers waited too long after the shooting to get the 34-year-old Olivio medical help.
Officers Faviola Salinas and Kyle Locke also are named as defendants. The plaintiffs’ allegations include civil rights violations, failure to train, denial of medical care, battery, excessive force, and negligence.
“Clearly, the deadly force used by … Salinas and Locke was excessive, unreasonable and not necessary to defend human life…,” the plaintiffs’ court papers state.
A representative for the City Attorney’s Office said his office had no comment on the court papers.
The shooting occurred at about 10:55 a.m. on Dec. 18, 2021. LAPD Officer Norma Eisenman said previously that officers responded to a domestic violence call at an apartment complex near 23rd and Wall streets, where they encountered a man with a knife.
Olivio was shot when he allegedly ignored demands to drop the knife and approached the officers. He was pronounced dead at the scene and the knife was recovered, according to Eisenman.
However, the plaintiffs’ court papers state that Olivio had a “small item” in his hand and that the officers did not attempt to lower the tension or consider using less-lethal weapons even after Olivio, “in his emotionally overwhelmed state,” shouted to the officers that they should shoot him, according to the plaintiffs’ court papers.
After Olivio began walking toward the officers, he was shot multiple times including once in the back, the plaintiffs’ court papers state.
Locke and Salinas did not give Olivio any aid for six minutes after the man fell on the front steps of his home and Olivio was considered “beyond resuscitation” by the time paramedics arrived 15 minutes after Olivio collapsed, the plaintiffs’ court papers state.
“Worse yet, prior to the … use of deadly force, LAPD and its officers implemented a harassment campaign against Olivio and the residents of the … apartment complex,” the plaintiffs’ court papers state.