Costco shooting: Attorney says deadly force was excessive

National News

June 19, 2019 - 10:17 AM

From left, Russell French, Paola French and their son, Kenneth French, at Universal Studios. Kenneth, 32, was shot and killed by an off-duty police officer in a Corona Costco Friday. (Courtesy of family/TNS)

LOS ANGELES — A man fatally shot by an off-duty Los Angeles police officer at a Costco in Corona pushed the officer — but that does not justify the use of deadly force, an attorney representing his family said Tuesday.

Civil rights attorney Dale K. Galipo said it was unclear why Kenneth French pushed the officer, who was holding his 18-month-old son in a food sample line when the altercation occurred Friday.

Before the officer fired, there was a gap in time when the officer declared he was a police officer and French’s father stepped between them. Galipo said the security video shows this interaction.

“His father was trying to intervene and explain that his son had a mental disability,” Galipo said. “He was not attacking him at the time the officer shot.”

French is normally calm, but he had a recent change of medications that might have affected his behavior, Galipo said. The attorney said French was “non-verbal” because of his disability.

Galipo said the officer’s life was not threatened and, instead, the officer acted out of anger because someone had pushed him.

“The shooting was excessive and complete unjustified,” Galipo said, noting French was unarmed.

The officer fatally shot French and critically wounded French’s parents.

Attorney David Winslow, who is representing the officer, said his client was getting a food sample for his son when he was attacked and knocked unconscious. When he awoke, the officer was “fighting for his life,” the attorney said.

Authorities said the assault, which was captured on Costco security cameras, was unprovoked and led the officer to fire his 9-millimeter pistol.

Los Angeles Police Department Chief Michel Moore briefly addressed the shooting in front of the Police Commission on Tuesday, telling the panel, “There’s many more questions than answers at this point.”

“I’ll wait for the full investigation before commenting on the officer’s decision to use deadly force,” Moore said. “The use of deadly force, whether on- or off-duty, is a matter that is the most-scrutinized decision that we have in this organization, and in this instance, it will be as well.”

French was struck by gunfire multiple times. His parents, Russell and Paola French, remain hospitalized in critical condition, the chief said.

“My heart goes out to the parents of Mr. French,” Moore added. “I pray for their recovery.”

Corona Police Chief George Johnstone said in a video statement released Tuesday that his detectives will continue to interview witnesses and evaluate video and forensic evidence from the store.

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