The family of Arturo Cernas, 34, a man who was addicted to drugs and suffered from schizophrenia, filed a civil lawsuit against Los Angeles County for wrongful death and violation of civil rights.
“I regret that we are here again, because officers accelerated too much and killed a human being,” said lawyer Luis Carrillo, on behalf of Maritza Casillas, Arturo’s mother and the children he left as an orphan.
“They did not pay attention to the fact that he was a human being who did not deserve this result.” [la muerte]“Carrillo added. “And, therefore, the officers leave an entire family agonizing over the lack of their loved one.”
The basis of the federal civil lawsuit indicates that Los Angeles County deputies unnecessarily used excessive force when shooting Arturo four times in the back. The four shots were fired by officer Carlos Maciel.
The alleged violations of the fourth amendment, regarding the use of excessive force; violation of the fourteenth amendment for alleged denial of medical care and interference with family relationships, in addition to lack of training and wrongful death, among others.
The autopsy report released by the Los Angeles Coroner’s Office confirms that Arturo Cernas was shot in the back.
Among the four gunshot wounds that Arturo Cernas received, the bullet that entered through the upper right part of the back had no exit, and in its trajectory caused injuries to the heart and thoracic aorta, associated with a rib fracture, heme pericardium and bilateral hemothorax.
A video released by Los Angeles County confirms that Arturo was not a threat to agents.
“If I’m not mistaken, that happened around 2:20.” [a.m.]”, said Arturo’s mother, in a press conference. “They notified us until 9:30 at night that my son had been shot.”
Mrs. Casillas said the first thing that came to mind was that it could have been someone who lives on the streets or who had been involved in a fight.
“When they told us it was the Sheriff, I was shocked; “My son has never done something bad enough for them to make that decision to shoot him in the back… At first I didn’t want to believe it, but unfortunately, that’s how it happened,” he explained.
“I have never watched the video and I don’t want to see it. I want to have the image of my son as he was and not look at that painful moment.”
He had a BB gun
The August 7, 2023 incident was captured on body video.
The images show the moments before the fatal shooting at a gas station, located in the 17400 block of South Central Avenue, in the city of Carson, around 1:55 am
Cernas was allegedly causing a disturbance and yelling at gas delivery drivers. He was near the west entrance of the gas station and was acting erratically.
The official version of the LASD indicates that Cernas was causing a disturbance and yelling at those who were pumping gas; although in the video it can be seen that there are no customers outside the Food Mart.
An officer noticed the butt of a gun protruding from Cernas’ pants pocket. The officers gave Cernas numerous commands to keep his hands up and not reach for or remove the gun from his pocket.
In the early morning hours of August 7, Cernas was in possession of an air pistol that is designed to fire spherical metal projectiles called BBs, which are approximately the same size as the BB-sized lead pellets he uses. They are used in shotguns.
Just when Cernas had his back turned, he threw his backpack on the ground and with his left hand took out the compressed air pistol. He throws it to the side and that’s when he receives the shock of the shot, in addition to a shot from a less lethal 40-millimeter foam projectile.
Paramedics who arrived later pronounced Cernas dead at the scene of the shooting.
The tragedy is being investigated by the LASD Office of the Inspector General (OIG), the Internal Affairs Bureau (IAB), and the County District Attorney’s office and the Justice System Integrity Division (JSID).
Once completed, the criminal investigation will be sent to the district attorney’s office, where it will be determined whether the force used by the personnel involved violated any criminal laws. Once the District Attorney’s investigation is complete, LASD will evaluate personnel actions within the application of policies, procedures and tactics.
Shoot in the back
Attorney Michael Carrillo indicated that in these types of cases the district attorney’s office rarely files criminal charges against officers involved in excessive use of deadly force.
“We do not know. We will never be able to tell because sometimes they do, but sometimes they do,” she declared.
“No police officer is trained not to shoot unless there is an imminent threat to your life or that of another person,” added attorney Michael Carrillo.
“There was no imminent threat here to any sheriff’s deputy or any civilian when they fired their weapons,” he added. “Even so, they shot him four times in the back. The police officer should under no circumstances shoot in the back.”
For his part, attorney Luis Carrillo did not specify a specific amount for the family in the lawsuit against the county.
“We want justice to be done; “a jury is going to determine the amount,” she said. “I hope George Gascón reviews this shooting and charges him with criminal charges.” [al oficial Carlos Maciel].
Although the lawsuit is civil, the likely criminal charges against Sheriff Maciel could be, Carillo said, second-degree murder, involuntary manslaughter, assault with a deadly weapon or attempted murder.
Testimony of a mother
While Matiza Casillas contained her pain, her daughters and family were wrapped in tears.
“I am Arturo Cernas’s mother. In his life he was not a bad person; he was good for a mother,” Mrs. Casillas said. “The son will always be good, no matter what he is, but what they did to him is an injustice, because despite his addiction, he never, ever went after anyone; “He always obeyed the police.”
Pressing his hands against his chest. She admitted that her son was under the influence of drugs.
“But what they did to my son is not fair, why did they shoot him in the back? … Now I just ask for justice, because it hurts me a lot. “I am his mother, I love him very much, he was a very good son and I miss him,” he added.
“Even though it was like that, I was always there for him, to give my son a taco. He had his mistakes. “We all make mistakes,” he emphasized.
“No one is perfect in this life, but what they did to my son was an injustice…I only ask that they no longer go around killing boys.”