LOS ANGELES (KABC) -- The family of the man who was shot and killed by a California Highway Patrol officer on the 105 Freeway earlier this month has filed a claim against the state of California and the California Highway Patrol for excessive use of deadly force and negligence in training.
Attorneys for the family of Jesse Dominguez say the 33-year-old was shot seven times by a CHP officer while he laid on his back, posing no threat to the officer.
"He pulled out his gun, and he blasted Jesse to kingdom come with these seven shots," attorney Luis Carrillo said. "That is an outrage."
The shooting happened in the afternoon on Nov. 19, as Dominguez walked in lanes of the 105 Freeway in Lynwood, forcing the CHP to shut down traffic. His family says Dominguez was bipolar and suffered from depression, and that the officer should have called in mental health resources to deal with him.
The CHP said Dominguez was armed with a Taser and used it on the officer, who "in fear for his safety" opened fire.
Dominguez's family attorney questions the presence of a Taser.
"We, the attorneys and the family, want to see this alleged Taser, we want to see the bodycam footage. We want to see the digital in-car video from the patrol car," attorney Michael Carrillo said. "But until then, we are not going to believe these unfounded statements by supervisors."
The CHP declined to comment on the family's legal claim. The officer has been placed on administrative leave while the California Department of Justice investigates the shooting.
But the family wants Los Angeles County District Attorney George Gascón to prosecute the officer.
"We demand that Gascón charge this officer with second-degree murder or voluntary manslaughter," Carrillo said. "He's a danger to the community. He should not be wearing a badge. He should not be patrolling the streets anymore."