The off-duty LAPD cop who was caught on camera firing his weapon during a scuffle with a 13-year-old boy will not face charges for his actions.
Officer Kevin Ferguson was filmed in Anaheim confronting a group of teenagers who were on his lawn before reaching for his gun.
District Attorney Tony Rackauckas revealed the reason the fight broke out was an ‘inappropriate’ and ‘very offensive and derogatory’ comment the cop directed at a 13-year-old boy.
But the DA said that because the officer was not on the beat, he could only be prosecuted as a citizen, and as a citizen he had the right to react in a manner he deemed fair in self-defense.
Cellphone video shows the shocking moment an off-duty police officer almost shot a teenager who he was scuffling with outside his home. The officer is seen as he pulled out his handgun
Ferguson was suspended and placed on leave over the incident, but was then sent back to work less than a week afterwards.
Ferguson’s confrontation with the teens took place February 21.
The video did not emerge until a day later, and it showed him dramatically escalating the situation outside his home by reaching into his waistband to pull out his gun – while holding 13-year-old Christian Dorscht.
Michael Carrillo, an attorney who represented a teenage girl caught up in the fracas, said she had ‘grazed’ the officer’s lawn when he began shouting expletives at her.
Carrillo said the altercation turned physical after the boy stepped in and told the officer he shouldn’t curse at a child.
‘She had never met this officer before, did not know him and had had no previous dealings with him, yet he came out screaming at her, saying she was on his grass and calling her a c***,’ he told DailyMail.com at time time.
‘His threats and abuse and disgusting language toward her were entirely unprovoked and she was terrified and upset. If he thought these kids were on his property, why didn’t he call the police to complain?
‘Instead he engaged in a fight with some of the boys who came to my client’s aid.
‘And he ends up firing his gun which was totally unjustified. This guy is supposed to be a trained officer of the law yet he fires his gun around a bunch of kids.’
Eventually the off-duty cop was able to drag the boy across a front lawn (left), but when he made it to a hedge, another knocked the officer over in an effort to free their friend (right)
The off-duty cop was seen with his hands around the top of the boy’s sweater, before he tried to drag him away from the rest of the group
The altercation was allegedly the result of the cop yelling at a young girl for walking on his lawn.
But lawyers representing the girl and another teen who was at the scene in two separate suits blasted the cop’s claims and accused Anaheim Police of trying to ‘cover up’ what happened.
The first suit, filed on behalf of the girl, was against the City of Los Angeles and its police chief Charlie Beck and accused the LAPD officer of threatening and verbally abusing the girl.
The second, filed on behalf of a 15-year-old boy, is against the City of Anaheim and its police chief, Raul Quezada and claims that teen was beaten by Anaheim cops called to the shooting incident.
LAPD Assistant Chief of Operations Michael Moore told reporters last Thursday he was concerned by the footage, and that the officer is on administrative leave. But Ferguson is now back at work
Fury: Protesters march towards the off-duty officer’s home in Anaheim to protest the off-duty officer’s actions last week
WHAT IS SEEN IN THE SHOCKING VIDEO?
- Starts by showing the man pulling at 13-year-old Christian Dorscht
- Christian then argues with the off-duty cop, saying the man started the incident by calling a young girl in the group a ‘c***’, and told her to get off his lawn
- The unnamed cop denies doing so, and instead says Christian threatened to shoot him.
- The 13-year-old says he told the cop he was going to sue him, not shoot him
- Many people in the crowd of about 20 teens are heard telling the cop to let go of Christian
- The cop drags Christian towards a hedge, and when his back is against it another boy rushes at him and knocks him over in an attempt to free his friend
- The cop manages to hold on, and seconds later he pulls out his gun
- After a few moments, a shot is fired and the teens scatter
- Christian is still seen on video being pinned to the ground
- Police arrive on the scene and eventually take all the teens to the station
- Christian and a 15-year-old boy are the only two held and charged, before being released later in the day
Ferguson’s temporary suspension was announced by top police officials at a press conference.
LAPD Assistant Chief of Operations Michael Moore confirmed the cop was put on administrative leave, which is consistent with LAPD policy for whenever an officer uses deadly force.
Before a shot was fired in the video, the officer was filmed struggling with the 13-year-old boy.
At the heart of the fight were two claims – the officer said the teens threatened to shoot him, but the teen said he threatened to ‘sue’ him.
The teens accused the officer of calling a girl who was walking on his lawn a ‘c***’.
After a few minutes in the video, the man was pushed over by another teen in the group, and shortly after he pulled a gun from his waistband with one hand while still holding onto the 13-year-old.
The incident took place in near Loara High School about 2:40pm, and sparked protests in the area.
But Ferguson will face no further action over the altercation.