Family of Officer Slain by LAPD Colleague Files Suit

The family of an off-duty Los Angeles Police Department officer who was shot to death by an undercover detective during a traffic dispute five months ago filed a lawsuit Tuesday alleging that the shooting was unprovoked.

According to the suit, Officer Kevin L. Gaines “did nothing to justify the use of deadly force against him” on March 18 in Studio City.

Moreover, the suit contends that Det. Frank Lyga, who shot Gaines, and other officers “demonstrated a conscious disregard” for Gaines’ injury and contributed to his death by failing to promptly call for paramedics.

The wrongful death lawsuit, which names Lyga and the city of Los Angeles among the defendants, seeks unspecified damages.

Officials with the LAPD and the city attorney’s office said they had not seen the complaint and declined comment. A police spokesman said Lyga was unavailable for comment.

According to police, Lyga shot the 31-year-old Gaines after a verbal confrontation during which Gaines pointed a handgun at the detective. Police sources have said that the incident started with a simple stare between Lyga and Gaines as the two drove their vehicles on Cahuenga Boulevard, escalated into a verbal dispute with Gaines making threats to harm Lyga, and ended with Lyga shooting Gaines because he feared for his life.

Because Lyga was in undercover clothing and Gaines was off duty, neither one realized he was dealing with a fellow officer, police said.

“I have reason to question the official version of the incident,” said attorney Carl E. Douglas, who is representing Gaines’ family. He declined to elaborate.

Shortly after the shooting, Gaines’ family had an independent autopsy conducted. Douglas, an associate of attorney Johnnie L. Cochran Jr., refused to discuss the findings.

The suit alleges that Lyga “had a history of being a dangerous and violent employee.” It also alleged that Lyga and other officers altered evidence and gave false statements to investigators who refused to “review and turn over evidence that would show that Mr. Gaines” did not provoke the incident.

After Gaines was shot in the side, the officers dragged him from his car and handcuffed him, the lawsuit states.

“Lyga’s use of deadly force under these circumstances was excessive, unlawful, malicious [and] oppressive,” according to the 13-page lawsuit, filed in federal court.