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L.A. DA Report Says And Shows Screen-Saves From Cellphone Video It Says Corroborate Cops, DA Concludes Officer-Involved Shooting That Killed Murder Suspect Barry Prak (And Took Life Of K9 Officer "Credo" In Friendly Fire) Was Legally Justified For These Reasons
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L.A. DA Report Says And Shows Screen-Saves From Cellphone Video Corroborate Cops, DA Concludes Officer-Involved Shooting That Killed Murder Suspect Barry Prak (And Took Life Of K9 Officer "Credo" In Friendly Fire) Was Legally Justified For These Reasons
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(Oct. 11, 2017) -- The L.A. County District Attorney's office has issued a report concluding that an LBPD officer "acted in lawful self-defense and the defense of others" when he fatally shot Barry Prak, 27, in a June 2017 ELB officer-involved shooting that simultaneously took the life of a police dog (K9) unit, mortally wounded by friendly fire.
The events stirred community emotions. Familymembers and supporters of Mr. Prak held demonstrations protesting the shooting and calling it unjustified. LBPD and its officers mourned the death of K9 officer, Credo, and held a memorial service for him.
The DA's report says "A neighbor recorded the incident with her cell phone, which corroborates both law enforcement and civilian
accounts of what happened," the DA's report includes screen saves from the video (below). To view the DA's full report, click here.
[Scroll down for further.]
The June 28, 2016 shooting occurred after U.S. Marshals tried to arrest Mr. Prak in connection with an outstanding warrant for attempted murder in Los Angeles and Mr. Prak ran into a nearby 15th St. apartment and barricaded himself. LBPD SWAT responded and (the DA's report says) Prak eventually exited after changing from a T-shirt into a "baggy sweatshirt...concealing his forearms..." and "hesitantly followed commands, and only partially raised his hands..." The DA's report says Mr. Prak walked down a flight of stairs, ignored an officer's commands to place his hands higher in the air and another officer ordered Prak "to get on his hands and knees are crawl toward him." Prak slowly complied and when he got closer to the SWAT officers was ordered to get on his stomach.
The DA's narrative continues: "Prak suddenly took his hands off the ground, stood up, and lunged toward officers has he manipulated an object in the sleave of his sweatshirt." A third officer deployed K9 officer Credo "who bit and took hold of Prak's left arm as Prak continued to move toward the officers." Another officer fired four less-than-lethal rounds as Prak "continued to move toward officers and removed a knife from his sleave" and began "swinging the knife left and right."
When Mr. Prak was within five feet of two of the officers, one of the officers "believed that they were in imminent danger of suffering serious bodily injury or death [and]...[c]oncerned for their safety," one of the officers fired five rounds at Prak. Four of the rounds hit Prak...and one of the rounds struck K9 officer Credo.
The DA's report says the that "[f]rom the moment Prak jumped to his feet, to when the officer fired shots, approximately three seconds elapsed."
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The DA's report includes screen saves of the cellphone video with captions describing the screen saves.
After stating the applicable legal standards, the DA's report concludes in pertinent part:
...Prak fled from police officers knowing that he was wanted...Prak's actions prior to exiting the apartment show that he planned and prepared to use force against the officers under the guise of a surrender. It was a warm, summer day in Long Beach and Prak was wearing shorts and a T-shirt [but then changed] into a baggy sweatshirt inside the apartment. "Prak concealed a steak knife inside the sleeve of his sweatshirt before walking out of the apartment." Despite several police commands to raise his hands higher, Prak continued to keep his upper arms parallel to the ground...[which]...kept the knife along his forearm and close to his hands, so that he could readily remove it to use as a weapon against the officers...
Prak waited until what appeared to be the most opportune time when he was closest to officers to charge toward them and retrieve the steak knife from his sleeve...Prak's continued efforts to move toward the officers, despite the less lethal force used against him, was evidence of his clear intent to use the knife to cause great bodily injury or death to the police officers. [Officer] Dougherty's decision to fire at Prak was objectively reasonable under the circumstances, in order to end the deadly threat posed by Prak. Accordingly, Dougherty was justified in using lethal force...[and]...his use of deadly force was legally justified in self defense and in defense of officer Vong. We are closing our file and will take no further action in this matter.
