Shocking dash cam footage reveals moment cops shot an unarmed man who refused to put his hands in the air after being accused of stealing a bicycle
- Ricardo Diaz-Zeferino was shot by police investigating a stolen bike report
- The unarmed man was actually looking for the bike as it was his brother's
- Police mistakenly treated him as a suspect in the bike theft
- He was gunned down after removing his hat and lowering his hands
This is the moment a police dashboard camera filmed two officers gunning down an unarmed man on the streets of Los Angeles.
Ricardo Diaz-Zeferino, 34, was shot and killed by police after lowering his hands when he was mistakenly suspected of stealing a bicycle.
The city of Gardena fought for two years to keep it hidden, but yesterday a judge ordered its release after news organisations successfully argued the public had a right to view it.
Ricardo Diaz-Zeferino steps forwards towards police with his hands held in the air
But appearing confused, he then takes off his hat and lowers his hands towards his waist
Believing he was armed, the police officers then open fire, and Mr Diaz-Zeferino collapses to the ground
The shooting occurred following what was a botched report of a bicycle theft in June 2013
Judge Stephen V. Wilson unsealed the video so the public could see what led the city of Gardena to pay $4.7 million to settle a lawsuit with Mr Diaz-Zeferino's family and another man wounded in the shooting.
'The fact that they spent the city's money, presumably derived from taxes, only strengthens the public's interest in seeing the videos,' Judge Wilson wrote.
'Moreover, defendants cannot assert a valid compelling interest in sealing the videos to cover up any wrongdoing on their part or to shield themselves from embarrassment.'
The shooting occurred following what was a botched report of a bicycle theft early the morning of June 2, 2013.
Footage shows the final moments of the encounter as an officers yells, 'Get your hands up.'
Mr Diaz-Zeferino and two other men stand with their backs to a sidewalk and arms in the air. Mr Diaz-Zeferino, who was drunk, then lowered his hands and slowly took about five small steps toward police.
He spread his arms out with palms open as if to plead with them. Told to put them back up, he complied, then removed his ball cap and lowered his hands as shots were fired.
From one angle, his palms are open and facing upward. Footage from a second camera behind two of the officers showed Mr Diaz-Zeferino's right hand briefly swung out of view at his waist when they fired.
The officers said they feared he was reaching for a weapon.
What the videos didn't show is that he wasn't armed and witnesses said he was trying to tell police they had the wrong men.
The stolen bike belonged to his brother. He and the two other men were friends looking for it.
A second dashboard camera showed the shooting from a different angle where his right arm became obscured when it was lowered
The unlocked bike was swiped outside a CVS pharmacy. Police dispatchers erroneously reported it as a robbery and made it a high-priority call, raising the specter of armed suspects.
Gardena was joined by police chiefs and officer groups around the state in arguing that making such videos public would dissuade cities from employing the technology.
Wilson said that was a political consideration and not for him to judge.
The city of Gardena argued that releasing the footage would create a 'rush to judgment' about the officers' behavior, but Wilson dismissed that idea during arguments Monday.
The judge said the public may see the videos and conclude the shooting was justified, which is what prosecutors decided.
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