The family of a man who was killed in a police shooting captured on body camera video says San Bernardino officers planted a gun to justify deadly force.
San Bernardino police say Robert Brown was holding a gun during a Dec. 27 confrontation and was running away just seconds before an officer killed him. Brown’s family says 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 the lawsuit on behalf of Brown’s family. “When Robert was shot, he didn’t have a gun.”
Brown’s father and sister announced Friday they had filed a $20 million lawsuit against the city. They allege the shooting was unjustified, that the officer who chased Brown violated department policy and that officials lied when they said the suspect, 28, was armed at the time of the killing.
The complaint, 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 still images from the officer’s body-worn camera, circling 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 this claim or the investigation, said Sgt. Chris Gray, a department spokesperson, said in an email.
Gray would not comment on the allegation that police hid the weapon, nor would he provide information about the employment status of the officer involved in the shooting.
According to the complaint filed by Brown’s family, Officer Jackson Tubbs attempted to stop Brown on suspicion of a vehicle 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! Go to the field!” Tubbs said. “Go to the field!”
Tubbs jumped over a front yard fence and continued chasing Brown into a backyard.
Body camera video released by Brown’s family shows the officer chasing him a short distance. Brown walks past the gate of a house and into a yard, then jumps over a fence, using both hands to get up.
“As such, it was apparent that he was not holding any firearm,” the statement said.
Tubbs shouts, “Stop, stop!” as Brown jumps over the tall chain-link fence, lined with wood panels, the video shows.
The officer did not jump over, but fired 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 out of state.
Brown’s family says San Bernardino police “appear to have planted a gun in an attempt to claim the shooting was justified as self-defense.”
“He didn’t deserve to die like that,” his 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 handgun.
“We think it was planted,” he said. “The fact that they couldn’t find the weapon for hours raises a number of questions.”
In a press release issued by the city, police say 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 ran away, still holding the firearm,” indicates the press release. “The officer continued to pursue until the suspect jumped into the backyard of another residence and an officer involved shooting occurred.”
During the news conference, Gage said the video showed Brown used both hands to jump over the fence, signaling he did not have a weapon in his hands.
“When Robert was shot, he didn’t have a gun,” the attorney said.
Whether Brown had a weapon or not, Gage said, the officer opened fire as the suspect fled and posed no danger to him.
The officer violated department policy by engaging in the pursuit and failing to communicate his location to the dispatcher during the chase, the attorney said.
Gage also questioned the officer’s decision to shoot through the fence.
“He doesn’t know what’s behind it, and it’s something that puts everyone in the community at risk,” he said.
San Bernardino police say Robert Brown was carrying a 9mm firearm reported from out of state when an officer chased him Dec. 27.
(Brown family)
Speaking to reporters Friday, Brown’s father said the family was seeking accountability from the department and the officer.
“I just want him to be accountable,” he said. “They’re murderers, it’s that simple.”
California Daily Newspapers
