It was the afternoon of September 5 in the Westlake District when 37-year-old Jaminez was reportedly brandishing a knife. According the LAPD, he threatened a pregnant women and refused officers' orders to drop his knife. Jaminez was shot in the head by LAPD Officer Frank Hernandez.
"We're here because we are seeking justice," said attorney Luis Carrillo. "The lawsuit is the first step to achieve justice."
Attorneys for the family of Jaminez outlined their plans Monday to file suit against the LAPD for what they say is an unjustified shooting.
"The evidence will show that the incident did not happen as described by the shooting officer, and that the shooting was unnecessary, unreasonable and excessive," said attorney Dale Galipo.
The shooting sparked several days of violent protests in the Westlake District, as residents accused the LAPD of abusing their power. Police held community meetings where they said Jaminez was armed, intoxicated and a threat to others. But Monday, lawyers for his family say a jury will see things differently.
"The only time you can use deadly force if you feel you are about, at that moment, to be killed," said Galipo. "And we believe the evidence will show that at the moment this happened, the officer was not about to be killed."
The lawsuit filed Monday seeks unspecified damages that would go toward Jaminez's widow and his three children back in Guatemala. Monday, a Guatemalan congressman from the area where Jaminez's family lives in Guatemala spoke briefly at the news conference.
"I'm here to observe," said Clemente Samines. "I'm not here to judge anyone. The law will do that."
A spokesman for the LAPD said the department does not comment on pending litigation, but the investigation into the shooting by the office of the Inspector General is under way. No word yet on when the results of that investigation will be released.