Attorneys Representing Relatives of Anthony McClain Say DNA Found on Handgun Does Not Exonerate Police

Several attorneys representing family members of Anthony McClain, who was killed in a police shooting in Pasadena on Aug. 15 near La Pintoresca Park, say last week’s announcement by police that a forensics lab had confirmed McClain’s DNA had been found on a handgun recovered at the scene doesn’t change their positions that the shooting was unjustified.

Two of the three wrongful death claims filed against the city in connection with McClain’s fatal shooting have asserted he was unarmed, while a third maintained that police had no reason to believe McClain posed any threat.

Attorneys have argued that police mistook McClain’s belt buckle for a weapon, and that a pistol police said they recovered at the scene after McClain threw it across the street after being shot was not his.

Pasadena Police Department officials announced Thursday that County Sheriff’s Department Scientific Services Bureau had notified them that DNA taken from the handgun matches McClain.

“There have been a few individuals who have questioned the Police Department’s contention that Mr. McClain was armed on the evening of August 15th, 2020,” police said in a written statement upon announcing the results of the DNA analysis.

“Multiple attorneys have filed claims against the City seeking monetary amounts stemming from this unfortunate incident. However, this DNA evidence along with the officer’s statements, the recorded statement of a witness who saw Mr. McClain throw the firearm, and the video evidence all point to the incident unfolding as initially described by the Police Department.”

Attorney Caree Harper, who has filed one of the claims, said the police statement regarding the DNA analysis “changes nothing.”

“The shooting of Anthony McClain was unjustified, unnecessary and tragic,” she said in an email. 

“Any and all evidence will be heavily scrutinized and questioned. Notwithstanding potentially manipulated evidence, possession of an alleged weapon is NOT a death sentence, especially while running away. The point has been missed if anyone thinks that this is the true issue when someone has been shot repeatedly in the back while running away.”

Harper also questioned why DNA was found on the gun, but no fingerprints. She questioned whether the result was valid, saying “on the street that Mr. McClain’s blood was shed all over and in which dozens of citizens and officers trampled through?”

“On a street that shooter Edwin Dumaguindin is clearly seen searching for an alleged weapon with Mr. McClain’s blood on his hands? Who recovered the weapon?”Harper said.

Police said McClain’s DNA, and only McClain’s DNA, was found on the gun.

Pasadena Forensics Supervisor Alex Padilla said in recent interview that recovering fingerprints from handguns is extremely rare.

Textured surfaces, like those on a gun grip, do not hold fingerprints, he said.

“I’ve been with the department, going on my 34th year. During that time, I’ve only found a few, several, fingerprints on firearms.”

Attorney John Burton, who is representing one of McClain’s children, also said the police announcement regarding the DNA analysis did not alter his assessment of the shooting.

“It really is not particularly relevant to me. It’s never been relevant to me whether he had a gun,” he said.

“Our perspective was always: If he had the gun, it doesn’t matter. You still can’t shoot him, because he’s just running away. You can’t shoot a person just because of the possession of a gun, which can be as little as a misdemeanor under California law,” according to Burton.

“Flight is not a reason to stop somebody from fleeing. Even a felony is not an excuse to shoot,” he said.

Burton said he and his colleagues have never asserted that McClain was unarmed.

“The police say they recovered a gun. They say they saw a gun. Now they say they have DNA on the gun,” he said.  “OK, fine. I’m not going to say there’s some conspiracy that all those are lies, A: Because I don’t practice law that way, nor do I live as a human being on conspiracy theories, and B: It has never made any difference in our analysis of this case.”

Michael Carrillo, an attorney representing a man who had identified himself as McClain’s father, said Thursday’s announcement regarding the DNA analysis was part of “a PR campaign by the city of Pasadena to paint Anthony McClain as some kind of criminal.”

“What they really should release, if they’re going to release evidence, is the statement that was taken from the shooting officer as to why he shot a Black man in the back. But because they released bits and pieces that try to tarnish Anthony McClain’s life and his family, this is incomplete evidence.”

Carrillo called for an independent lab analysis of the gun.

“Obviously, this was done by the L.A. County Sheriff’s [Department], but we have to take the city of Pasadena’s word for it and the County of Los Angeles’ word for it,” he said. “Until we conduct our own lab analysis, I can’t agree with anything that they’re putting out there in their PR campaign.”

He also said whether or not McClain had a gun had no bearing on the incident.

“To me, it doesn’t doesn’t move the needle. It doesn’t say anything about the shooting and the circumstances of why he shot,” Carrillo said.

By state law, the city has 45 days to respond to each claim before a formal lawsuit can proceed.

The next step is we are waiting on the city of Pasadena to reject our claim that we filed. and then we’ll be moving to a federal civil rights lawsuit,” Carrillo said. “They have 45 days, which is almost up, so we’ll be ready to file a federal civil rights action and get justice.”