Unarmed man shot in the head by LAPD files lawsuit alleging excessive force

April 5, 2016 4:19 PM PT

An unarmed man who was shot by a Los Angeles police officer last year as he walked with a towel wrapped around his hand filed a civil rights lawsuit Monday, alleging the officer used excessive force in an “unlawful and out-of-protocol shooting.”

Attorneys for Walter William DeLeon posted a short video of their client on YouTube, saying he underwent nine “life or death” surgeries after the June 19 shooting. The 48-year-old lost part of his brain, one of his eyes and the ability to walk, according to the lawsuit.

“I am here ... to be heard,” DeLeon said slowly in the online video, “and to bring change to the department -- to the law enforcement departments -- as to how they go about enforcing the law.”

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FOR THE RECORD

4:55 p.m.: This article previously said the shooting occurred July 19, 2015. DeLeon was shot June 19, 2015.

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A photo of Walter DeLeon, who was shot by LAPD officers last year, is displayed at a rally and walk last year.

LAPD Capt. Andy Neiman, a department spokesman, declined to comment on the lawsuit Tuesday. The officer who shot DeLeon, Cairo Palacios, has been assigned to non-field duties.

DeLeon was shot as he walked along Los Feliz Boulevard near Tica Drive after police said he pointed his cloth-covered hands at officers, leading them to think he had a gun hidden under the gray towel. The officers ordered DeLeon to drop the weapon, police said, but he kept walking toward them. Palacios then opened fire, striking DeLeon in the head.

No gun was found, the LAPD said. The officers, the department said, were stopped in traffic when they first spotted DeLeon walking toward their patrol car “in an aggressive manner.”

The LAPD has said several witnesses backed the officers’ account and told investigators they also thought DeLeon had a gun when he walked toward them.

The Police Commission has yet to review the case.

DeLeon’s lawsuit disputed the police account, saying the father of two was a “substantial distance from the officers and posed no threat.” According to the lawsuit, witnesses said the officers started talking to DeLeon from their police cruiser, a conversation that lasted “mere seconds” before Palacios got out of the car and opened fire.

“Officer Palacios engaged in no de-escalation protocol, and his first reaction when he saw a man holding a towel was to shoot Mr. DeLeon in the head,” the lawsuit said.

An attorney representing Palacios said the officers were “minding their own business” when DeLeon rushed toward their car. Attorney Gary Fullerton said the officers thought they were being ambushed, prompting Palacios to fire his gun.

“If he would have waited, the guy would have been right at his door with what he believed was some sort of weapon,” Fullerton said. “There was no time to evaluate anything.”

DeLeon was one of 36 people shot by on-duty LAPD officers in 2015. As with all shootings by LAPD officers, the encounter will be reviewed by the district attorney’s office, Police Commission and it’s inspector general.

Follow @katemather for more LAPD news.

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