Huntington Park : Police Exonerated in Killing

The death of Joseph Aviles, 82, who was shot by police last year, was a justifiable homicide, Head Deputy Dist. Atty. Steven A. Sowders said Monday in an interview.

Sowders said his office reached that conclusion after investigating the incident. Aviles was shot Aug. 26, 1985, by officers William J. Lustig Jr. and Dale E. Shields after he fired one shot from inside the front doorway of his house on Hollenbeck Street. Family members who have filed a lawsuit against the city had contended that Aviles was hard of hearing and did not know that the two men who came to his door that night were police officers. A witness to the shooting had claimed that Aviles fired toward the ground.

But in a letter to Police Chief Geano Contessotto, Deputy Dist. Atty. James E. Koller said, “It seems reasonable to infer from the facts of this case that Mr. Aviles was aware that he was confronting police officers when he assaulted them with his pistol.”

Koller concluded: “Mr. Aviles’ thoughts and motives during this unfortunate incident remain unknown. However, his conduct did result in the officers’ actions. In responding to Mr. Aviles’ conduct with respect to the criminal law, the officers acted lawfully.”