Relatives File Wrongful-Death Lawsuit Against Pomona Police In Death Of 26-Year-Old Man

POMONA (CBS) — Relatives of a 26-year-old man who was shot to death by Pomona police filed a wrongful-death claim against the Police Department and released a video Tuesday of the same man being Tasered during an arrest three months earlier.

Andres Avila, or Pomona, was fatally shot by police at 8:40 a.m. Oct. 16 in the 900 block of West Holt Avenue, according to the Sheriff’s Department, which is investigating the shooting. Sheriff’s officials said two officers were on patrol when they encountered a man and a woman in an alley. The man allegedly was uncooperative and violent, leading to the shooting, sheriff’s officials said.

Citing the ongoing investigation, Pomona police declined to comment on the wrongful-death claim, referring inquiries to the Sheriff’s Department.

A claim is a precursor to a lawsuit.

The family’s attorney, Luis Carrillo, said Avila was asleep in his car with his girlfriend.

“Andy was unarmed and in a matter of seconds, he was shot dead by Pomona police officers,” Carrillo said. “A federal investigation is required because we don’t have confidence that the Sheriff’s Department will do a complete independent investigation.”

Carrillo also released copies of a video showing Avila being arrested on the Fourth of July. He claimed the video shows Pomona police using a Taser on Avila while he was on the ground, and another officer punching him while he was handcuffed on the ground.

According to the attorney, Avila filed complaints July 27 against the officers involved in the arrest.

(©2011 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

Comments

One Comment

  1. sholmo says:

    its an open season killing hispanics on the hands of the 99 cents chinese made badges

  2. Tom says:

    Wow. I guess they’re following on the Path of Fullerton PD.

    1. Mike says:

      WOW Tom, i guess you’re a complete moron!

  3. bc says:

    It would be great to hear the other side of the story. unfortunatly the cops are always at blame. I’m sure this guy is an honest law abiding citizen just taking a nap in an alley in P-Town (perp-town).

    1. anon says:

      unarmed and shot dead, innocent until proven guilty?

    2. km says:

      I knew Andy. I went to high school with him and his brother. He has a problem with pomona police in july, filed a complaint and now he’s shot to death? He did nothing wrong. He was a great person. great heart and always their for his friends. Pomona police are all dirty cops and i belive the police wanted to get andy back for him complaining to the police dept for what they did. Pomona cops are no better than Gang members trying to retaliate
      against one another.

  4. Jamie Chambers says:

    he was not armed and they did their best on the report /////bottom line he was not armed

  5. ALL AMERICAN ! says:

    What did you think would happen to your son? When YOU did not get involved in his life ! But watched every time he was in jail, & said it was not his fault!
    But you were so right. It was YOURS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  6. Jamie Chambers says:

    what were they doing in alley that required a confrontation

    1. km says:

      cops were saying he was in an alley. He wasn’t. He was Parked outside a Motel on Holt Blvd in his car with his girlfriend asleep. The cops saw his car and started all the confrintation. His girlfriend is a witness. So sad =(

  7. Jamie Chambers says:

    his nose looke like a gun or what maybe if he was with a girl the gun was up
    and pointee

  8. kma367 says:

    Don’t forget you guys, Police Officers put their own lives on the line to protect us. A person doesn’t have to be armed with a weapon to get shot, a threatening move or going for an Officers service weapon during a struggle can get you shot. Besides, any innocent person has no reason to fight or run from police anyways, right?

    1. BC says:

      I’m sure there was no innocent person in that alley being shot while complying with the cops orders

  9. Taxpayer says:

    One less gang banger, hasta la vista

    1. todosomos says:

      This is f*%#^ing insulting. I’ve worked side by side with andres on multiple projects and even had a class with him at Mt. san antonio college.

      comments like this make me sick.

      die a slow death.

      1. Terry says:

        This guy would have killed someone sooner or later. So the cops actually saved an innocent person’s life.

      2. Mtsac girl says:

        Really a Mt.SAC I am a student their, I didnt know him but may he rest in peace.

  10. another illegal says:

    This guy was an illegal immigrant who was a gangster who started trouble with a lot of innocent people. Thank you officers for taking the garbage out. Of course the family will try to make a quick buck. That is all wetb3acks do in our country.

  11. American Citizen says:

    God bless the soul and memory of this guy who passed away and was murdered by law enforcement. Whether he was a criminal, Hispanic, gang member or not. This was murder by cops especially if he didn’t have a weapon.
    Everyone, yes we do need the police, but isn’t it crazy that everyone is afraid of the police and they have too much power with little insight to kill or shoot a suspect?
    This could happen to anyone just walking or driving in Los Angeles, California.
    Horrible and so scary.
    God bless your family Mr. Andres Avila and may the truth come out!

    1. kma367 says:

      Apparently you didn’t read my earlier post so i’ll repeat myself. A person doesn’t have to be armed with a weapon to get shot, a threatening move or going for an Officers service weapon during a struggle can get you shot.

  12. get a clue dont be ignorant says:

    I CANT BELIEVE THAT SOME PEOPLE ARE SOO IGNORANT TO SAY WHAT YOUR SAYING ABOUT THIS RESPECTABLE YOUNG MAN! YOU SHOULD BE A SHAMED.. N YES US MEXICANS ARE HERE SOO GET OVER IT! WE MAKE “UR WORLD” GO ROUND SOO THANK US DNT BE IGNORANT! MAY HE REST IN PEACE AND JUSTICE BE DONE! SOOOO SAD PEOPLE TALK WITHOUT KNOWING THE FAMILY OR IDIVIDUAL PERSONALLY! MAY GOD FOR GIVE YOUR FOR SPEAKING THE WAY YOU ARE……

    RIP AND I HAVE THE ENTIRE FAMILY IN MY PRAYERS

  13. Julie says:

    Finding two people (sleeping or not) in a car and in an alley on a Sunday at 8:40AM is very suspicious. Especially on Holt Street in Pomona. That entire street if filled with prostitutes, gang members and drug dealers 24/7. I was a police cadet on that beat last year. Want to know the first thing that goes through the mind of cops patrolling that area when they pull up on a car parked in an alley, behind a building etc? “Is this another car date?” (which is the street term of a man having sex with a prostitute in his car)…if it is most cops just tell them to get dressed and leave unless they catch them in the act…they don’t even pat them down because 99% of all prostitutes and johns are not a threat to police…the hoe just wants her money and the guy just wants his 20min car date. The big problem comes when cops find out that this is not a “car date”. Then the guns have to be aimed at whoever is inside the car and if the guy does not follow the officers orders ASAP…any little move he makes places the life of the cops in danger…and that is when cops shoot. Point being, if this guy would have complied with the officers orders he would have still been alive today. Cops don’t just pull up on a car and shoot…they shoot when they believe their life is in danger. Point being, this is the ever-so-popular case of you didn’t follow my commands and that’s why I shot story. Why do you think the girlfriend didn’t get shot and killed? Because she complied with the officers orders…simple concept to understand

    1. Mike says:

      Totally agree with you Julie – the cops had the chance to shot and kill the girlfriend because she was the only witness that they knew would be testifying against them in court but they didn’t because she complied. THIS SHOULD SERVE AS A GREAT LESSON FOR ALL OF YOU MEN OUT THERE WHO TRY TO ACT ALL MACHO AND CAN’T KEEP THEIR MOUTHS SHUT WHEN YOU GET PULLED OVER – YOU EITHER COMPLY AND WHINE TO THE JUDGE OR RISK GETTING SHOT AND KILLED. YOUR CHOICE

  14. Chantal says:

    I am sorry for their loss, there has been many shooting in pomona, I hope you can recieve some type of justice, I live down the street from pomona PD and their is a protest going on in his name, May things be cleard up and recieve some type of justice.

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