PASADENA (CBSLA) — Archie Barry stood next to his attorneys in front of the Pasadena Police Department Thursday after filing a claim against the city, demanding answers in his son’s fatal shooting by police.

Anthony McClain, 32, was fatally shot by Pasadena police while running away following a traffic stop. (Family photo)

“It breaks me down to have my son lost like this,” he said. “I don’t see no reason why he should have been shot in the back and killed.”

On Aug. 15, 32-year-old Anthony McClain was the passenger in a vehicle pulled over for not having a front plate. In video released by the Pasadena Police Department from the shooting, the driver of the vehicle can be heard admitting to having a suspended license and was asked to exit the vehicle — which he does.

A few minutes later, video shows a second officer approaching the passenger side and asking McClain to also exit the vehicle. Within seconds, police opened fire as McClain ran from the car.

“Anthony McClain was no imminent threat to this officer or any officers when he was cowardly shot in the back,” Luis Carrillo, one of the family’s attorneys, said.

A second claim for damages was filed Thursday morning by McClain’s grandmother — who raised him — on behalf of two of McClain’s children, including his youngest who he was FaceTiming with minutes before the shooting.

“She was the apple of her dad’s eye,” Caree Harper, the attorney representing McClain’s children, said.

According to Harper, the driver of the vehicle was out within 60 seconds of the traffic stop.

“Within 2.5 minutes, the incident has involved a shooting, for a license plate violation and a belt buckle that was shiny,” she said.

The police department claims McClain had a gun in his waistband and tossed it while running away, though McClain’s family said the flash the officers saw was a belt buckle. In videos released by the department, McClain could be heard defending himself before police opened fire.

“An officer says, ‘Where’s the gun, where’s the gun?'” Harper said. “He says, ‘I didn’t have no gun.'”

And, Harper said, not only was the shooting not justified, but McClain had every legal right to leave the scene.

“From what we know, and what we saw, he had no responsibility to provide identification,” she said. “He had no responsibility to answer questions and he had no responsibility to stay on scene and be touched.”

Both legal claims are demanding an independent investigation of the fatal police shooting, something the city said in a statement it was going to do.

“We will initiate an independent, third-party review. … Our community deserves to know more about this incident and we will provide the facts.”

But McClain’s family wants more than the facts, they want justice.

“This has gotten out of hand,” Harper said. “It’s like open season on Black men in northwest Pasadena.”

The city of Pasadena has 45 days to respond to the two filed claims. If it fails to do so or denies the claims, a lawsuit can be filed — which attorneys said they planned to do.

Comments (3)
  1. Duane Spivey says:

    Incidents like this are becoming to be all to common, the cowardly acts of racist police officers how do you live with yourself after shooting someone in the back it gets no more cowardly than that. America stop trying to pretend there is no problem wake up America and demand justice, demand that racist police officer are held accountable, demand there is time for police reform, which doesn’t mean disbanding the police, America until we all come together and denounce these racist and cowardly acts that is being conducted by these bad apples with-in the police departments this violence will continue let’s all do the right thing America and demand that this behavior by these cowardly police officers will no longer be tolerated we all have a responsibility to hold these police departments accountable let’s make the words with “Liberty and Justice for all” have meaning.

  2. Joe says:

    One has to ask “why did he run from the car”?
    Blake was shot because he refused to comply and hurried back to his vehicle where they later found a knife.
    How about you comply and maybe you won’t get shot?
    No legal right to stay at the scene? He’s a passenger in an automobile being driven illegally. So yes, he’s involved until proven otherwise.
    It’s not racism it’s people having no respect for authority.

  3. gerry tounet says:

    These wickyd & racists cops..do this job only for this..i bet they are happy to murder a nothers blacks man again..because they want us fears their law..when we all see how they let their whites dude playing around them with gun or knife..whitout kill them..we can only hate to see false & racists pretext..like joe..

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