Man carrying water nozzle was shot 10 to 12 times by Long Beach police, family’s attorney says

Long Beach police had ample time to identify themselves before shooting and killing a 35-year-old man holding a water nozzle, according to the findings of an investigation by the family’s attorney.

Police fatally shot Douglas Zerby, 35, on Sunday when they believed he posed a threat to their safety. Zerby was carrying a metal-tipped water nozzle and pointed it at officers, authorities said. They believed it to be a gun.

FOR THE RECORD:
Long Beach shooting: An article in the Dec. 18 LATExtra section about the shooting of Long Beach resident Douglas Zerby by police said that officers ordered Zerby to drop his weapon, which was actually a pistol-grip water nozzle. Police had been observing Zerby prior to the shooting; they did not attempt to make contact with him and did not identify themselves to him, according to police and relatives. —

At a news conference Friday in Long Beach, attorney Brian Claypool said it is inaccurate to describe the officer-involved shooting as a tragedy.

“The word ‘tragedy’ suggests this was an unavoidable event,” Claypool said. “It was not a tragedy; it was an ambush. This young man never had a chance.”

He said his viewing of Zerby’s body showed 21 holes — 10 to 12 of which he believes were bullet-impact holes; the others were exit wounds.

Claypool said there were three wounds flush down Zerby’s chest, which leads him to believe that Zerby was not stretching his arms to point the nozzle at officers.

He said Zerby’s body also was found leaning against a banister, leading him to believe that Zerby was not being aggressive and already was incapacitated when the shots were fired.

“That area looks like a shooting range,” Claypool said. “It was target practice on Dec. 12, 2010, target practice for the Long Beach Police Department.”

Family members have said they believe Zerby was intoxicated and had stopped at his friend’s house instead of driving home. He was sitting on the stoop waiting for his friend when neighbors spotted him and called 911 because they thought he was armed with a gun.

Claypool said his four-day investigation — based on the scene and witness reports — showed that officers had ample time to identify themselves to Zerby and determine that he was not holding a real gun. He said they also had enough time to ask neighbors if they recognized him.

Claypool said he believes there were at least five or six officers on the scene and that three probably shot Zerby. Some shots were fired as close as 12 feet away, he said, from positions of protection behind brick posts.

Police have said they ordered Zerby to drop the weapon because they believed he posed an immediate threat. They said two rounds were fired from a shotgun and six were fired from a handgun.

Claypool does not believe Zerby even knew the officers were there. He said witnesses told him that police made a noise “and that’s what triggered Doug Zerby to turn toward the officers and that turn is what caused them to open fire.”

The family is planning a lawsuit that alleges wrongful death, negligence and battery. Claypool said the family hopes to make police training reforms a result of the suit.

nardine.saad@latimes.com