ENCINO (CBSLA.com) — A judge Wednesday threw out a multi-million dollar lawsuit filed by the family of 19-year-old Abdul Arian, who was killed by Los Angeles police in a pursuit that ended on the 101 Freeway in Woodland Hills in April 2012.
The Arian family filed a $120 million suit against the city of Los Angeles and several officers, including LAPD Chief Charlie Beck. Arian was unarmed when police fired more than 100 rounds on the night of April 11, 2012. The incident was captured by the station’s chopper.
The shooting took place after Arian exited his vehicle when it ran out of gas.
In a previously unreleased 911 recording, police say Arian threatened the police and stated that he had a gun.
“I’ve been arrested for possession of destructive devices before,” Arian told the 911 dispatcher. “I am not afraid of the cops.”
At one point the teen told the dispatcher he wanted to stop and get something out of his car, but said that he knew the police would shoot him if he did.
“If they pull a gun, I’m gonna pull my gun on them,” Arian said on the recording.
The dispatcher did not relay this information to the police on scene. In the footage captured of the shooting, Arian is holding a cell phone.
Deputy City Attorney Denise Mills told reporters that each of the officers involved in the shooting believed that there was a firearm pointed either at them or at their partner.
“This is a tragedy for everyone involved,” said Mills. “The officers are not home celebrating right now. They are vindicated, but they are certainly not happy.”
Jeffrey Galen, the Arian family’s attorney, said the dismissal was unfounded.
“I was shocked,” Galen said. “My clients are obviously distraught.”
Galen and the Arian family are discussing whether or not to appeal the judge’s decision. If such an appeal is filed, it would be done in the next 60 days.