ANAHEIM – Attorneys for the family of a 19-year-old man fatally shot by Anaheim police earlier this month said Tuesday it appears he was shot in the back while attempting to comply with commands from plainclothes officers who arrived in an unmarked vehicle.
The attorneys for the parents of Alberto Arzola — who was fatally shot Dec. 6 in the 800 block of South Philadelphia Street — said they were awaiting a coroner’s report but believed he was shot from behind. Anaheim police, however, released a video Dec. 22 that indicates a gun was found near Arzola after the shooting.
Attorney Jim DeSimone says that he intends to file a federal lawsuit against the city Wednesday. Claims against the city on behalf of the parents, another man shot by a less-lethal gun after the fatal shooting, and a witness, were delivered Monday, DeSimone said.
Esther Kwon, a spokeswoman for the city, released a statement saying, “Our thoughts go out to the family. We believe our officers acted in the best interest of public safety. Beyond that, we want to respect the thorough reviews underway and caution against any rush to judgment.”
The Orange County District Attorney’s Office was investigating the shootings, which is routine, to determine if the officers should be charged with a crime. The Anaheim Police Department’s internal affairs unit was conducting a separate review.
Two Anaheim officers assigned to a gang suppression unit were patrolling the area about 9:30 p.m. Dec. 6 in a silver Dodge Charger when they came upon suspected gang graffiti vandalism, the department reported. As they moved to detain suspects who “ran toward a nearby residence,” Arzola got into a “struggle” with officers, police reported.
“During the struggle, he produced a loaded gun and one officer shot him,” police said in its video. A weapon was collected near Arzola, police reported.
The video also depicts 911 calls from officers reporting an unruly crowd gathering around the shooting scene.
DeSimone pointed out that the bodycam recording from the officer who fired the fatal shot was silent for 30 seconds. The video indicated it was “buffering.”
The police video alleged that 18-year-old Emmanuel Cordova showed up about 15 minutes after Arzola was shot along with others. It said Cordova “jumped from the back yard into the front yard,” and “ignored repeated commands to stop or get on the ground. He also picked up evidence from the porch, potentially compromising the investigation.”
An officer fired one less-lethal “bean bag” at Cordova’s head, DeSimone said, adding his client suffered a “traumatic brain injury.”
Police claimed Cordova sustained a “minor injury” and was released from a hospital that evening. The video shows an officer telling Cordova, “You got to listen. It’s not a game. Sit up. Stand up,” before leading him to his arrest.
The third claim filed by DeSimone, who is partnering with civil rights attorney Dale Galipo, was on behalf of Arzola’s 14-year-old cousin, who saw the shooting.
DeSimone suggested that immigration crackdowns by masked agents could have played a part in how Arzola responded.
“The family has expressed in general how do you know about someone jumping out of an unmarked car and who is it?” DeSimone said. “They’re trying to get back into the house, saying leave us alone. Certainly there’s that fear and it is palpable in all Latino communities now.”
DeSimone was skeptical of suggestions that Arzola had a gun in hand when officers confronted him, because the other officer does not have a weapon pointed at him.
“If Alberto had something in his hand, the other officer would have a gun trained on him,” DeSimone said. “Then, you can see him get on his knees and he doesn’t get up, but he puts his hand flat on the ground and you can see his hand flat on the ground in the second before he was shot, and it looks like he was trying to prone himself out.”
Instead of backing off and giving Arzola a chance to obey the officers’ commands, the shots were fired, he said.
The way the attempted detention was handled was “extremely dangerous” to everyone involved, DeSimone said.
The attorney also noted that legal precedence does not allow for that level of response to a crime such as graffiti vandalism.
“I’m not going to say graffiti is no big deal, but in the severity of the crime no one is getting hurt,” DeSimone said.
DiSimone also said Arzola was saying “Don’t shoot me, don’t shoot me,” as he was also putting a hand up in what appeared was an attempt to surrender.
“He appears to be getting on the ground, but is wedged between the steps and what looks to me like a stroller,” DeSimone said. “He’s not fighting those officers. He’s not threatening those officers, and the officer does the unthinkable at this point — he shoots him in the back.”
Cordova received “conflicting commands” from the officers, DeSimone said.
“He does what he believes will protect him — he raises his hands, and when he raises his hands — his back is to the officer,” DeSimone said. “He’s showing them he’s no threat and as he’s raising his hands, the Anaheim Police Department takes aim and they shoot him in the head with a less-lethal projectile.”
The projectile was fired close to Cordova and was going about 200 mph, he said.
DeSimone also accused Anaheim police of continuing to “harass” the family by driving by shining lights on the house.
Arzola had worked at his job the day of the shooting, DeSimone said.
“He’s never been convicted of a crime,” he said. “He had a full- time job he worked at that day … He loved to cook … He loved to fish, loved baseball, loved the Anaheim Angels … He loved his parents.”
“All I want is justice for my son,” Arzola’s mother, Rosie Camacho, said at Tuesday’s news conference. “My son was my whole world … He loved every one of us. He was a hard worker.”
She recalled how her son had gone from an intermediate school to graduate from Katella High School.
“He was so happy graduating from high school,” she said. “This was a step up for him. He graduated high school. He was very happy. He was also working to better his life and didn’t deserve this at all. He loved his family.”
