City Says Wrong Officer Named in Second Claim Filed Against Pasadena Over Fatal Police Shooting

[Updated]  An attorney representing family members of Anthony McClain, who was shot and killed by police earlier this month in Pasadena, filed a wrongful death claim against the city and an officer on behalf of family members Thursday, a day after another claim was filed by attorneys representing a man identifying himself as McClain’s father.

The new claim, filed by attorney Caree Harper on behalf of McClain’s grandmother, sister, and two children, names the city of Pasadena and a named officer as defendants.

But city officials said the document misidentified the involved officer.

“In Attorney Carree Harper’s claim against the city, she names the wrong police officer, which is now jeopardizing his safety,” city spokeswoman Lisa Derderian said. “The city is strongly considering taking action against Harper for placing this officer in harm’s way.”

The city has not identified the involved officer, who has been placed on leave pending the investigation, officials said.

Pasadena Now has not published the officer’s name.

Informed of the city’s position that the claim had named the wrong officer, Harper said that “the Chief cannot have it both ways” and that she and her clients are entitled to the names of the officers involved.

“How dare the City of Pasadena have the unmitigated audacity to threaten a civil rights attorney who has made a governmental tort claim (protected by the litigation privilege) based on several witness accounts and independent videos and photographs,” Harper said in a statement.

“We believe that the City will soon have to admit that there is absolutely no fingerprints or forensic evidence linking Anthony McClain to this random raggedy handgun. Meanwhile, the Law Offices of Caree Harper will not be bullied in the pursuit for justice for the McClain family just because the City of Pasadena would like nothing more that to shift the blame and change the narrative.”

The claim alleges wrongful death for the Aug. 15 shooting of McClain along North Raymond Avenue, near La Pintoresca Park. It also accused police of a “conspiracy” to cover up the evidence.

McClain was a passenger in a car that was pulled over for not displaying a front license plate, according to Pasadena police. After being told to exit the car, police said they saw a handgun in his waistband as he ran from the officers.

Police said McClain pulled out the gun while running, prompting an officer to open fire. He then continued running a short distance before throwing the gun across the street and collapsing, officials said.

But the claims filed against the city allege that McClain was unarmed and shot in the back while running away. Attorneys have argued that police mistook McClain’s belt buckle for a weapon, and that the gun police recovered at the scene was not his.

The claim also alleged police failed to give McClain prompt medical aid.

“The officers leave Mr. McClain handcuffed on his stomach for a protracted period of time and they push down on his back causing Anthony to visibly struggle to breathe and bleed out,” the claim states. “The handcuffs and officer’s body weight prevented Anthony’s lungs from expanding and he began to lose consciousness.”

Harper said the police assertion that McClain threw a handgun after he was shot was “simply unbelievable.”

“Police officials later assert that while mortally wounded and in full sight of [the officer] and half a dozen other witnesses, Mr. McClain was able to throw a large Black 9mm handgun across the street to the curbside at the park on the west side of the street without the pursuing officer seeing him discard it; without the purported weapon sustaining multiple scratch marks on the black paint from the cement from impact; and without Mr. McClain leaving his fingerprints on the weapon.”

DNA analysis on the pistol found at the scene was pending, city officials said.

The officers’ gunfire also put the neighborhood at risk, the claim argues.

“There are at least three people in the direct line of fire as [the officer] fired, but he apparently did not care,” it states. A stray bullet struck a nearby home, “within inches of the front bedroom window.”

The officer “endangered the community by opening fire on an unarmed fleeing pedestrian that he had absolutely no right to even order out of the passenger side of the car,” the claim states. “The shooter’s order to stop left no time for Mr. McClain to comply before he was shot.”

The claim filed by Harper also calls into question the legal standing of Archie Barry, who identified himself as McClain’s father and filed a claim against the city on Wednesday.

“Anthony McClain, Sr. was raised by his grandmother, Irene Bailey. His mother died when he was young and he never knew who his biological father was as no one is listed as his biological father on his birth certificate,” according to the claim.

By state law, the city has 30 days to respond to the claim, which seeks unspecified damages, before a formal lawsuit can be initiated.

The city issued a statement in which it said that “any loss of life is tragic and we extend our heart-felt condolences to the family of Mr. McClain. Incidents such as these have a traumatic impact on the family, our Pasadena community and our dedicated law enforcement personnel.”

“We cannot change what has occurred, but we can ensure that this incident will be fully investigated; investigations that are already underway. Additionally, we will initiate an independent, third-party review of this incident that will result in a publically available report. Our community deserves to know more about this incident and we will provide the facts. We understand the urgency and will proceed diligently and with all speed until this important work is done. ”