The family of a man killed in a police shooting that was recorded on body camera video claims San Bernardino officers planted a gun to justify deadly force.
San Bernardino police allege Robert Brown was holding a gun during an encounter on Dec. 27 and fleeing seconds before an officer killed him. Brown's family claims he was unarmed and accused police of planting a gun at the scene.
“There was no reason for Robert to be shot,” said attorney Brad Gage, who filed a lawsuit on behalf of Brown's family. “When Robert was shot, he didn't have a gun.”
Brown's father and sister announced Friday that they filed a $20 million lawsuit against the city. They allege that the shooting was unjustified, that the officer who pursued Brown violated department policy and that officials lied when they claimed the suspect, 28, was armed at the time of the killing.
The lawsuit, a precursor to a lawsuit, was filed last week.
The allegations directly contradict the San Bernardino Police Department's version of events. In a news release, police included video footage from the officer's body camera, surrounding Brown's hands in red to indicate he was carrying a gun.
San Bernardino police continue to investigate the shooting and could not comment on the claim or the investigation, said Sgt. Chris Gray, a department spokesman, said in an email.
Gray would not comment on the allegation that police planted the gun, nor did he provide information about the employment status of the officer involved in the shooting.
According to the claim filed by Brown's family, Officer Jackson Tubbs attempted to stop Brown on suspicion of a vehicle code violation on December 27.
Brown did not stop and, in the 1200 block of Pepper Tree Lane, jumped out of his car and ran. Body camera video shows Tubbs yelling at Brown just as he got out and ran away.
“Stop! Get on the ground!” Tubbs says. “Get on the floor!”
Tubbs jumps the front yard fence and continues chasing Brown into the backyard.
Body camera video released by Brown's family shows the officer chasing him for a short distance. Brown runs past the gate of a house and into a backyard, then jumps over a fence and uses both hands to jump.
“As such, it was evident that he was not carrying any weapons,” the claim reads.
Tubbs yells, “Stop, stop!” As Brown jumps the tall chain-link fence, clad in wood panels, the video shows.
The officer does not jump, but instead fires his gun five times through the fence, fatally wounding Brown.
Video of the Dec. 27 confrontation released by Robert Brown's family shows San Bernardino Police Officer Jackson Tubbs shooting the fleeing suspect five times, fatally wounding him through a backyard fence.
(brown family)
Police allege Brown was holding a 9mm handgun that had been reported from out of state.
Brown's family contends in the claim that San Bernardino police “appear to have planted a gun in an attempt to claim that the shooting was justified as self-defense.”
“He didn't deserve to die like that,” Father Willie Brown said at a news conference. “He ran. So what? You shot him in the back? For a traffic violation? And they say he had a gun? Come on people.”
Gage, the family's attorney, said it took police hours to find a gun.
“We believe it was planted,” he said. “The fact that they couldn't find the gun for hours raises a number of questions.”
In a news release issued by the city, police allege that Brown “jumped over a fence into a residential yard with a firearm in his hand.”
“The officer gave the suspect several different commands to stop and get on the ground, but the suspect refused to listen to the officer's commands and fled, still holding the firearm,” the statement read. “The officer continued the chase until the suspect jumped into the backyard of another residence and an officer-involved shooting occurred.”
During the news conference, Gage said the video shows Brown used both hands to jump over the fence, indicating he did not have a gun in his hands.
“When Robert was shot, he had no gun,” the attorney said.
Regardless of whether Brown had a gun, Gage said, the officer opened fire as the suspect fled and posed no danger to him.
The officer violated department policy by participating in the pursuit and failing to transmit his location to dispatch during the pursuit, the attorney said.
Gage also questioned the officer's decision to shoot through the fence.
“He doesn't know what's behind it and that's something that endangers everyone in the community,” he said.
San Bernardino police claimed Robert Brown was carrying a 9mm handgun that was reported from out of state when an officer chased him on December 27.
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Speaking to reporters Friday, Brown's father said the family is seeking to hold the department and the officer accountable.
“I just want him to be responsible,” she said. “They are murderers, simple as that.”
