LOS ANGELES (CBSLA) – The Los Angeles Police Commission Wednesday unanimously adopted a recommendation by Chief Michel Moore to find that an off-duty LAPD officer acted outside department policy in a fatal shooting at a Costco store in Corona last year.

Pictured: Kenneth French. (Courtesy: Family Photos)

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The commission voted unanimously Wednesday to adopt Moore’s recommendation to find that Salvador Sanchez improperly drew his weapon and used lethal force against 32-year-old Kenneth French of Riverside in the incident.

On the night of June 14, French and his parents, Russell and Paola, were shot by off-duty LAPD Officer Salvador Sanchez while in line at a sample station at a Costco in Corona.

Last September, a grand jury decided not to indict Sanchez.

According to Corona police, the off-duty officer — later identified as Sanchez — was shopping at Costco with his family, holding his child in his arms, when, “without provocation, a male unknown to the officer’s family assaulted the officer.”

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Sanchez’s attorney, David Winslow, says Sanchez briefly lost consciousness, and when he awoke, he was on the ground and his 18-month- old son was next to him screaming.

The officer “had no choice but to use deadly force,” according to Winslow.

Chief Moore issued a statement Wednesday saying, “Regardless of the outcome of this next chapter, I express my profound regret for what occurred to the French family and loved ones. The decisions and actions of this officer cannot be justified and are inconsistent with the department’s core values, training and expectations of every member of this organization.”

The chief also proposed disciplinary action “be brought back to his desk at the earliest opportunity.”

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The French family said they are moving forward with a civil lawsuit in federal court.