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Anaheim police defend fatal shooting of unarmed gang member

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    Legal panel weighs in on the case

  • Duration 6:40
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Kelly -- back in session on the docket today the death of an apparently unarmed.

Gang member.

At the hands of California police.

Manuel Diaz was shot and killed on Saturday as he ran from police in the city of Anaheim.

Police say the shooting happened after officers noticed three people acting suspiciously in an Alley.

The men apparently ran from the cops and one of the officers shot Diaz.

In the back.

Near riot ensued with officer shooting bean bags and pepper spray into the crowds after cultural bottles and rocks at police officers.

Were attempting to secure the scene.

Joining me now to discuss -- defense attorney David Walt.

And former prosecutor now defense attorney Joey Jackson.

Of mr.

Diaz is relatives in of the relic and -- folks in Anaheim.

About the shooting.

Well Megan for one thing you have to remember the probable cause for the initial approach of mr.

-- Was that the officer said he saw Mr.

-- is leaning against a car.

Talking with two other -- he considered that suspicious.

That's when he approached and that's probable cause that damages credibility right off the bat Megan.

He approaches then mr.

Diaz -- He's tossing things on the roof about neighboring houses apparently.

-- -- drugs I mean who knows and any shot he does not have a weapon he shot by officers that cannot be considered justifiable shooting by any stretch of the imagination.

And remember this is all happening -- shadow.

Of the fortune police department -- -- -- officers are being prosecuted now.

For killing a homeless man one of them being prosecuted for murder -- -- very understandable.

That the police chief in Anaheim is very concerned about these two shootings that.

You know -- it's it's they're so concerned about these officer involved shootings that here in Anaheim their -- apparently six officer involved shootings just this year.

That they have weekly protests in front of the police headquarters -- Joey quickly.

The folks go and protests there every Sunday.

And they mark up and down the boulevard for hours holding their signs and so on although things really got -- -- hand this past weekend.

Not this particular tape but in the tape we showed you earlier -- what is the defense of the police.

Department well let me say this I -- often times at odds with the police and wearing a very antagonistic relationship in my questioning generally as such having said that -- and I don't believe.

That the police wake up in the morning intending to shoot anyone.

And the fact is is we don't know all the facts they'll be a full and fair investigation here not only will the district attorney's office investigate.

But the mayor has asked the state attorney general's office to get involved so before we say that there was they were not on that it wasn't justified we don't know what the perception of the police officer was that particular day.

We know police officers have a very dangerous job does -- justify killing -- -- absolutely not.

Would your heart go out to the victim's family of course but before we cast aspersions on the police and give the indication that they did something wrong we have to be clear on what the facts.

Aren't we welcome and how relevant is it that the guy was a known gang member David because -- criminal rap sheet apparently includes convictions on drug possession.

Possessing a firearm on school -- -- in this.

And being a member of a criminal street if so he's a known gang member -- -- had a conviction for carrying a firearm.

Does that increase the level of justifiable.

Concern on the part of the police officer.

Yeah and number of -- -- -- -- I agree to -- -- a ton of great cops out there -- some of whom are my friends but let me say this -- a lot of these gang members and you're right.

Have parole conditions that they do not associate with other gang members and that may be why the -- labeled this as suspicious activity.

I don't know but once the pursuit takes place once he starts playing.

And he does not obviously have a weapon.

And he is shocked and they don't recover a weapon.

That leads to trouble on criminal levels and on civil however and that's why the -- that community is so upset.

Hold that thought Georgia has a bit -- one of of the relevant legal standard asks did the did the person who was shot pose an immediate threat to the safety of the officers.

Or others.

And we're gonna take that -- after the break.

Joining me -- David -- Joey Jackson so that -- legal standard looks at what the reasonableness of the deadly force right -- it was a reasonable under the circumstances that according to the -- it will look at whether he was attempting to evade arrest it will look at.

Whether he was an immediate threat to the safety of the officers -- the -- but the legal standard.

David says.

Was the deadly force necessary to prevent the escape.

Of us suspected Allen they're not say suspected -- in general and there have to be a new suspected felony under way correct.

Absolutely Megan and while I suppose it's arguable.

That fleeing from police is felony evading under those circumstances.

It's police policy everywhere across the country that -- he does not have a deadly weapon.

And you're not being attacked but that deadly weapon -- you don't use deadly force to gun him down now again.

My experience of these cases that went weapon is found Megan that's the first thing the police officers at a press conference indicate we've found a weapon we've recovered one.

And -- believed it was pointed in his direction that was not -- -- But -- does it does it -- is -- situation in terms of the police's ability to comment.

The police ability to come to stop you and bothering you -- lack -- a better word if you're known gang member and convicted felon.

Absolutely does -- because what that -- who was the heart of the officers state of mind what do they reasonably perceive that if they know it'd be a Fallon.

-- upon the approach you -- which demonstrates consciousness of guilt remember what the officers trying to do they have an obligation to protect themselves their partners in the general community.

And if someone's running away from you when you believe that they're posing a threat who knows.

We went -- that we're back yeah for the -- -- back when the three guys are standing around the car acting suspiciously that it'll all come down to what that means -- but -- to the police have a greater ability constitutional ability.

To bother you Joey.

If yours you know it if you're convicted you know Fallon -- -- gang member.

In other words what does it is viciously may -- it may be a sliding scale.

-- it is and that's what hearings afford -- and to be clear I don't think -- because we know your criminal you should be harassed -- bothered you should be permitted to be free citizen like everyone else but if there is some indication of suspicion and we'll find out what exactly that is.

How did they find suspicion what specifically what they would -- and why they interact and how they interact think now amongst each other but what we identify that I think it would justify the stop the pursuit and -- who noses to the shooting while.

It could very well have been -- -- -- realize is that -- -- on the eve while they while they look into this gentlemen thank you both so much we appreciate it.

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