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24 arrested after video of LA cop firing gun during dispute with teens sparks protests

Anaheim police say the confrontation occurred because of “ongoing issues” with the juveniles walking across the officer’s property. (Feb. 23, 2017)

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Los Angeles Times

Anaheim police have released a 13-year-old boy from custody following public outrage and protest over videos showing an off-duty Los Angeles Police Department officer firing his gun during an altercation with the boy and other teenagers.

At a news conference Thursday afternoon, Anaheim Police Chief Raul Quezada said his decision to release the boy was “based on the totality of the circumstances.” He said the investigation is continuing and the boy and others involved could still face charges.

He also said there was insufficient evidence to prove the officer’s actions rose to a criminal level at the time.

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“As a father and as a police chief I too am disturbed by what I saw on the videos that were posted on the Internet,” Quezada said.

Quezada’s announcement comes after more than 300 people protested on the streets of Anaheim, resulting in some vandalism.

Police said they arrested 23 people for misdemeanor failing to disperse, resisting arrest and battery on an peace officer. According to Quezada, 18 adults and five juveniles were arrested.

No one was injured by Tuesday’s gunfire, but the video footage — posted on YouTube and Facebook — sparked a flurry of phone calls and emails to Anaheim police, who are investigating the officer’s actions.

(Warning: The video contains indecent language. You can watch it here.)

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Many of the protesters were young people who had seen the video on their social media feeds and wanted to do something. Jocelyne Gutierrez, 21, and her friend Karla Zuniga, 20, decided to join the protest around 9 p.m. Gutierrez said she could relate with the boy in the video.

“It could have been me, my friend or someone from my family,” she said.

Police said several windows of homes and vehicles were broken and other acts of vandalism were committed, but they had no estimate of the cost of the damage.

Sgt. Daron Wyatt, an Anaheim police spokesman, said Wednesday evening that he had received more than 500 calls after the videos began circulating online. Because of the influx of calls and emails, he said, the department set up a separate phone line for the public: (714) 765-7990.

He cautioned that the videos do not show the entirety of the encounter, saying they captured only a “very small portion.”

Some have questioned why the officer wasn’t arrested. Wyatt said detectives opted to finish their investigation before presenting their case to the district attorney’s office for review.

Tuesday’s confrontation began over what Anaheim police described as “ongoing issues” with the juveniles walking across the officer’s property. During the argument, police said, a 13-year-old threatened to shoot the off-duty officer, prompting him to attempt to detain the teen.

Two videos, taken by witnesses and posted online, appear to show the officer grab a boy on a lawn. A group of young people, most wearing backpacks, stood nearby.

In one video, the boy says the encounter began when the officer cursed at a girl who walked across his yard, then grabbed the boy after he protested his language.

“That’s not what I said,” the officer replied. Another teenager chimed in but could not be heard clearly on the recording.

“Shut the … up,” the officer said. “You weren’t even there.”

With the officer grabbing the collar of the 13-year-old’s sweatshirt, the two staggered across the lawn. “Let me go,” the boy said repeatedly.

At one point, someone rushes the officer, sending him over a row of bushes. The man then starts to drag the boy over the hedge as another swings at him.

A few seconds later, as more people approach the two, the man reaches into the waistband of his jeans and draws what appears to be a gun. A single gunshot can be heard about three seconds later.

Quezada said the officer fired at the ground.

Angelica Rodriguez said she was walking her normal route home from school when she came across the encounter.

“I saw the man pull on the kid’s shirt,” she said Thursday. “All the kids were out watching because school had just ended.”

Anaheim police say the confrontation occurred because of “ongoing issues” with the juveniles walking across the officer’s property. (Feb. 23, 2017)

The 15-year-old said she debated whether to intervene or observe what was happening as a witness. She ultimately called 911, she said, after hearing the gunshot.

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“I was in shock,” she said. “I was wondering why this older man was mishandling such a small kid.”

Soon after, she said, several police cars showed up. She was taken to the Anaheim police station, where investigators questioned her about what she saw.

Because the officer fired his gun, Anaheim homicide detectives were assigned to the case and interviewed witnesses at the scene.

Two teenagers were arrested, Anaheim police said. The 13-year-old was arrested on suspicion of battery and making criminal threats, and a 15-year-old was arrested on suspicion of assault and battery. Their names were not released because they are juveniles.

Wyatt said the off-duty officer was cooperating with the inquiry and had not been arrested. His name was not released.

Capt. Andy Neiman, an LAPD spokesman, said the department had launched its own internal investigation into the shooting, which is standard procedure when officers fire their weapons. Neiman said LAPD detectives and staff from the inspector general’s office had gone to the scene.

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“We will continue to conduct the internal investigation to determine the actions of the officer and the circumstances, and then we’ll consult with the Orange County district attorney as well to determine if there’s any issues,” Neiman said.

As with all shootings by LAPD officers, Neiman said, the off-duty officer will remain out of the field until what’s known as a 72-hour briefing, when Chief Charlie Beck reviews the initial inquiry into the case and determines whether the officer can return.

The LAPD said in a statement issued Wednesday evening that investigators were aware of the video and would review it as part of their inquiry.

After expressing deep concern over the video, Anaheim Mayor Tom Tait vowed a full and impartial investigation.

He urged the public for patience “in avoiding any rush to judgment.”

“This has been a blow to our community,” he said. “We have worked for years to foster kindness and trust among neighbors.”

Anaheim has a history of protests over what some residents consider unfair treatment by police. There were series of intense demonstrations and unrest several years ago after the fatal shooting by police of a Latino man.

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