LOS ALAMITOS : Officers Cleared in Fatal Shooting

Prosecutors have ruled that two Los Alamitos police officers were acting within their authority when they fatally shot a former Marine who came to his front door armed with a handgun.

Sylvan Randall Byrd, 40, was shot Jan. 23 while standing near the entrance to his apartment as Los Alamitos Police Sgt. Victor Cantu and Officer Mark Van Holt responded to a call about a domestic disturbance involving Byrd and his wife.

The officers and a witness said police announced their arrival and repeatedly ordered Byrd to drop his weapon, but Byrd ignored the requests. The officers opened fire and fatally wounded Byrd, with some of the bullets passing through the front door.

Deputy Dist. Atty. Christopher Evans said an investigation by the county Sheriff’s Department indicated that the shooting was justified.

“There was insufficient evidence of criminal culpability,” Evans said Monday, adding that the investigation included a thorough review of police and autopsy reports, witness statements and other evidence taken from the crime scene.

Byrd’s relatives, however, claim in a $20-million federal civil rights lawsuit that the officers never announced their arrival and were wrong to open fire. Byrd had armed himself with a handgun because he heard heavy pounding on the front door and feared for his own safety, relatives said.

The suit also claims that Los Alamitos police and city officials “fostered a custom of police brutality.”

Attorney Stephen Yagman, who is representing the family in their civil suit, said he is not surprised that the officers were cleared.

“The reason federal civil rights cases exist is because the appropriate prosecuting authorities fail to do their duty,” Yagman said. “Based on the facts and applicable law, there is no question but that the killing in this case was unconstitutional.”

An attorney for the officers could not be reached for comment Monday.