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Council to Get Report on Youth’s Death : Probe: The LAPD will give members an account of its investigation of the Lincoln Heights shooting. The D.A.’s office has launched its own inquiry.

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TIMES STAFF WRITERS

The Los Angeles City Council today will get a report behind closed doors from police officials who are looking into the fatal shooting of a teen-ager by an anti-gang officer Saturday.

“The council wants to know exactly what went on,” said Councilman Mike Hernandez, who represents the Lincoln Heights neighborhood where the shooting occurred.

The officer shot 14-year-old Antonio Gutierrez after the youth allegedly pointed a semiautomatic handgun at him, police said. During the two days of unrest that followed, the LAPD went on tactical alert.

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Police say that Gutierrez pointed a semiautomatic handgun at an officer who had responded with two units to a report of an armed man in the area. The officer, believing that Gutierrez was about to fire his weapon, shot him four times, police said.

That account was disputed by some witnesses, who told The Times the teen-ager was holding a black flashlight and was shot after he raised his hands and was handcuffed.

Eastside civil rights activist and attorney Antonio Rodriguez said Tuesday that he plans to file a wrongful death claim later this week, alleging that police attacked an unarmed youth.

“It was clearly an unjustified shooting,” said Rodriguez, who has been retained by the Gutierrez family. “Every witness I found says he had a flashlight but no gun.”

Rodriguez said he was especially troubled by the location of the recovered Tec-9 semiautomatic handgun that police say the youth was pointing.

Police said the gun was recovered on the other side of a small fence several feet away from where Gutierrez was shot.

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“How can he be pointing a gun at officers and the gun ends up on the other side of the fence?” Rodriguez asked. “Did he get shot and throw it?”

The Police Department’s robbery-homicide unit has begun an investigation of the shooting, McBride said, and one of the issues it will examine is how the gun ended up on the other side of the fence. “That’s one of the things you look at when you are doing an investigation,” he said.

However, McBride said he had no doubt that Gutierrez was holding the weapon.

The robbery-homicide unit investigates all officer-involved shootings and is expected to complete its report within 60 days. “We’re pushing to get it done as soon as possible,” McBride said.

A spokeswoman for Dist. Atty. Gil Garcetti said his office has also launched an inquiry into the shooting. The district attorney also routinely investigates all officer-involved shootings and has up to one year to determine whether criminal charges are warranted.

In related action Tuesday, Police Commission President Deirdre Hill announced that the commission will review the Gutierrez shooting, as it does all officer-involved shootings, and seek to begin a dialogue with Eastside residents troubled by the incident.

“You have a community that has seen too much violence and seen too many minority youths lose their lives to violence,” Hill said. “We have to have the community relationships there and continue to work on them, when we’re not in a crisis situation, so that people will not feel so frustrated [when a crisis arises] that they won’t have to act out in violent ways.”

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While rage in the community has cooled since the confrontations with police in riot gear, some in the neighborhood said a sense of bitterness has remained.

A few police cars sat Tuesday near the site where youths and other residents had hurled rocks and bottles at officers along North Broadway. A group of Lincoln Heights residents stood at the intersection of Broadway and East-lake Avenue holding signs reading “Honk for Justice!” and shouting to passing motorists.

Up the street, near the intersection where Gutierrez died, friends gathered across from the concrete fence where he collapsed. A poster-board sign taped to the fence read, in part: “A boy was killed, this boy was gunned down by an agency that is sworn to protect and serve. . . . This 14-year-old was not armed upon the arrival of the LAPD.”

* Times staff writer John Schwada contributed to this story.

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