A pair of robbery victims who were injured after being shot by Los Angeles Police Department officers are pursuing legal action against the city.
The victims, identified in legal documents as Victor Diaz and Jesus Rojas, were confronted by a man with an assault-style rife attempting to rob them while they were standing in front of a church located in the 1700 block of East 114th Street in South Los Angeles on Dec. 28.
The suspect, later identified as 54-year-old Kevin Doby by the LAPD, got into a struggle with Diaz and Rojas after the two charged him and took him to the ground.
LAPD later stated that officers conducting regular patrols noticed the fight and got out to assess the situation, and upon getting closer to the scuffle, one of the victims alerted them to Doby’s gun.
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According to the Los Angeles Police Department’s preliminary investigation, it was around 11:30 p.m. on Dec. 28 when a suspected robber walked up to two victims standing on a sidewalk in front of a church on the 1700 block of East 114th Street. (LAPD) -
According to the Los Angeles Police Department’s preliminary investigation, it was around 11:30 p.m. on Dec. 28 when a suspected robber walked up to two victims standing on a sidewalk in front of a church on the 1700 block of East 114th Street. (LAPD) -
According to the Los Angeles Police Department’s preliminary investigation, it was around 11:30 p.m. on Dec. 28 when a suspected robber walked up to two victims standing on a sidewalk in front of a church on the 1700 block of East 114th Street. (LAPD)
The officers called for backup and began giving numerous verbal orders to Doby, telling him to drop the gun, as he was still struggling with the victims. At least one officer opened fire as the victims attempted to break away from him, police said.
Doby then “rearmed himself with the rifle and began to run” when officers again opened fire.
“During the incident, the suspect was struck by the gunfire and dropped the rifle under a nearby parked car,” LAPD said, adding that the two victims – later revealed to be Diaz and Rojas – were also struck by gunfire and transported to a hospital in stable condition.
“I thought I was going to die,” one of the victims, who did not wish to show his face, said at a press conference announcing the filing of legal claims on Wednesday morning.
Doby was taken into custody without further incident; a loaded black and brown AK-style, .22 caliber rifle and an approximately three-inch folding knife were found at the scene and collected as evidence.
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A loaded black and brown AK-style, .22 caliber rifle and an approximately 3-inch folding knife were found at the scene and collected as evidence. (LAPD) -
A loaded black and brown AK-style, .22 caliber rifle and an approximately 3-inch folding knife were found at the scene and collected as evidence. (LAPD) -
A loaded black and brown AK-style, .22 caliber rifle and an approximately 3-inch folding knife were found at the scene and collected as evidence. (LAPD)
On Wednesday, attorneys representing Diaz and Rojas announced they would be filing a legal claim against the City of Los Angeles alleging that the pair were the victims who notified officers of their situation yet were still shot multiple times. A legal claim is a precursor to a lawsuit.
“We are claiming negligence in the failure to shoot properly and assess properly,” attorney Michael S. Carrillo said at Wednesday morning’s press conference. “What these officers did was they responded to a fast-moving situation — which we can all understand — but you can’t shoot the victims.”
The LAPD has begun a use of force investigation; however, it could take up to a year to complete. KTLA put in a request to LAPD for comment on the matter, but the department doesn’t typically respond to pending litigation.
The city has 45 days to respond to the filing.
