WATCH: California Cop Kills Man Running From Traffic Stop
32-year-old Anthony McClain was shot and killed by a Pasadena Police Department officer on August 15 in Pasadena. Police allege that McClain was armed with a gun and turning around to fire shots, CBS News reports.
But McClain's family and attorney say he wasn't armed with a weapon at all.
On the day of the shooting two Pasadena police officers pulled over a dark colored sedan for a license plate violation. The driver admitted to driving on a suspended license and was asked to step out of the vehicle.
As the driver was out the vehicle talking with an officer, another officer approached the passenger side and asked McClain to step out.
It was then that McClain stepped out and then ran away from the scene. An officer gave quick chase and soon fired his weapon several times hitting McClain.
The officer claimed that McClain turned around in a way that suggested he was going to shoot the officer. The video doesn't show McClain turning around. The officer also claims that McClain removed a gun from his waistband.
The McClain family has filed a legal claim against the City of Pasadena for wrongful shooting and excessive force.
The McClain family attorney Michael Carrillo says:
"The evidence will show you that Anthony McClain was unarmed, and what we're saying too, is that we believe that whatever weapon recovered by the City of Pasadena was not actually Anthony McClain's. That's why we're calling on the Attorney General's Office to investigate the Pasadena Police Department, and really conduct an independent investigation about the shooting and what happened to Anthony McClain."
The legal claim is the first step in filing a lawsuit against the City of Pasadena and the police department. The Pasadena Police Department says the investigation continues. The officer involved in the shooting was placed on administrative leave which is standard protocol in officer involved shootings. The officers involved in the traffic stop have not been named.