Here is video footage of some of today’s press conference.The family of Doug Zerby and their recently-hired attorney Brian Claypool addressed the media today and announced their intention to file several lawsuits including wrongful death, after the 35-year old Zerby was shot and killed by police officers who mistakenly believed the water nozzle he held was a gun.
Claypool also disputed several claims made by the Police Department, including the proximity of the officers to Zerby at the time of the shooting, and the number of officers that fired.
The family will file a Federal Civil Rights suit against the Long Beach Police Department, as well as State claims that include wrongful death, negligence and battery.
The Los Angeles County Department of Coroner completed an autopsy of Zerby’s body earlier this week and classified his death as Homicide. The decision does not imply that a crime was committed, nor does it indicate that any criminal charges will be filed.Claypool said that autopsy reports are typically held until the results of toxicology tests are completed, and that he expects that information to become available in about 4-6 weeks.
UPDATE 7:12pm Wednesday | The Zerby family has released a statement announcing their retention of attorney Brian Claypool of the Pasadena-based Claypool Law Firm. The following statement was included:
The family intends to file and prosecute both a Civil Rights action against the Long Beach Police Department as well as State claims grounded in negligence, battery, and wrongful death.
More information will be available later this week, they said.
UPDATE 3:02pm Wednesday | The family of Doug Zerby will make good on their promise to pursue legal action against the Long Beach Police Department, and have hired the services of an attorney, according to Zerby’s sister Eden Marie Biele. She declined to name the attorney or the specific action that will be taken but said that a press conference will be scheduled soon.
What she could confirm, though, is that McKenzie Mortuary Services in Long Beach will handle arrangements for Zerby and have offered to donate their services free of charge. Plans for a memorial service have not been finalized but are tentatively scheduled for this Saturday. Anyone interested can call McKenzie at 562.961.9301 for updated information.
Biele also said that the family is organizing a fund for Zerby’s young son, River.
UPDATE 5:05pm Monday | Here is the emotional video of today’s press conference, where family members of the victim yelled and criticized the Long Beach Police Department after officers shot and killed 35-year old Douglas Zerby on Sunday when they believed his water nozzle was a gun.
Above: Long Beach Police Department officers and Chief Jim McDonnell address the media near a photo of the water nozzle held by Doug Zerby when he was shot and killed on Sunday afternoon. Family members of Zerby noted that the photo has been heavily magnified.
Pictured at right: Douglas Zerby, 35, at a family holiday dinner in 2009. Photo courtesy Eden Marie Biele
UPDATE 1:54pm | The press conference regarding the fatal police shooting of a Long Beach man on Sunday ended abruptly when Long Beach Chief of Police Jim McDonnell walked away from the podium as the victim’s family continued to emotionally interrupt him.
The family of 35-year old Douglas Zerby took issue as Chief McDonnell revealed new details about the shooting, such as the fact that officers shot Zerby with at least two shotgun rounds and apparently did not identify themselves or ask him to surrender the object in his hands. McDonnell said that Zerby extended his arms, holding the metal water nozzle, and two officers shot him. Zerby was pronounced deceased at the scene.
“You shot him with a shotgun?!” screamed a family member of Zerby as Chief McDonnell described the incident. She was escorted out of the press conference but later returned, and was one of several who openly criticized officers’ actions.
McDonnell paused, then continued that Zerby was also struck with six handgun rounds. He was visibly uncomfortable during such outbursts, which happened periodically through the press conference. He repeatedly issued his condolences and called the incident “A tragedy.”
Zerby did not live at the residence but family members say he was visiting a friend, and was sitting in the courtyard because he was intoxicated and did not want to drive home.
McDonnell attempted to explain why officers did not speak with Zerby.
“The officers did not immediately contact the subject so that they could set up containment in the area,” he said, “Fearing that if the subject walked out of the location with the gun, citizens and officers could be in harm’s way.”
McDonnell estimated that officers were on scene for about ten or fifteen minutes before the shooting occurred. He said that officers wanted to establish communication with the suspect.
“Unfortunately, due to the actions of Mr. Zerby, it never got to that point,” he said.
At right: Zerby and his then-fiancee Tina before the couple was married. Photo courtesy Eden Marie Biele.
McDonnell could not say exactly how close officers were to Zerby at the time of the shooting, but said that thirty or forty feet is out of range for tasers and that they were not an option.
Eden Marie Biele, who is Zerby’s older sister, said that her family is in the process of retaining counsel and plans to file charges. Chief McDonnell vehemently disputed reports that Zerby had been shot 27 times, but could not say how many rounds hit.
At one point, a reporter asked the Chief whether there was any indication that Zerby was aware of the officers’ presence or had responded to their commands, to which Biele said, “There were no commands!”
Officers had responded to a 9-1-1 call around 4:40pm Sunday from a neighbor who reported a man with what appeared to be a handgun. Police played the call recording during the press conference, and we will have it available for you to hear shortly.
Friends and family of Zerby will hold a vigil at 5:30pm tonight at the scene of the crime.
Above: Two of Zerby’s family members console each other after they learn that officers used shotguns in the shooting. They yelled at officers as they left the press conference, sobbing.
More to come…
UPDATE 12:40pm | A press conference has been called for 1:00pm today to provide further details on yesterday’s shooting. You can follow our live updates from our Twitter feed at @LBPOSTdotcom.
Image courtesy Google Maps
10:50am | Officers shot and killed a suspect believed to be armed with a handgun yesterday in the Belmont Shore community of Long Beach, the Police Department says. Little information is known at this time but updates will be provided throughout the day.
Around 4:40pm on Sunday, officers responded to reports that a person had a gun in the 5300 block of East Ocean Boulevard along the beaches of Belmont Shore. They arrived and the scene and took “a tactical position of cover,” according to a press release. As officers waited for backup, the officer-involved shooting occurred and the subject was struck in the torso. Officers handcuffed and treated the man but he was pronounced dead at the scene.
No more details about the shooting itself have been reported by the department yet. It is unclear whether the suspect fired any shots, or whether he pointed a weapon at officers. In fact, the department statement only says that he was “believed to be armed with a handgun.” Much more information will be available this afternoon.
The department and the L.A. County District Attorney’s Office will conduct an independent investigation of the incident, as they do in the case of all officer-involved shootings. Anyone with any information regarding this incident is urged to call the Long Beach Police Department’s Homicide Detectives Todd Johnson or Malcom Evans at 562.570.7244.
