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Associated PressLONG BEACH, Calif. – Relatives of the Southern California man who was holding a water nozzle when he was fatally shot by police says they'll sue the department for wrongful death, negligence and battery.

Attorney Brian Claypool, who is representing Douglas Zerby's family, said Friday that Long Beach officers should have identified themselves and asked neighbors whether the man was a threat before staking out the 35-year-old on Sunday.

Claypool says he believes Zerby wasn't pointing the water nozzle with both hands at officers — as police officials reported — because his body had three bullet wounds in the center of his chest.

Zerby's family says he was drunk and playing with a water nozzle in front of a friend's house. Neighbors called police thinking he had a gun.
 

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That's a shame the guy wound up getting himself shot, I can't begin to place blame but hopefully in the suit they will find out who or if anyone was at fault and should it be the case possibly give some type of compensation to the victims.


The cop sounds like a good shot though!
 

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It's very hard to second guess a cop now days, and we are missing pertinent information.. time of day.. description of "weapon".. conversation right before the shooting..

Cops generally don't just run up and shoot someone (well, maybe drug task force) in a front yard without some kind of provocation or information that the guy is a threat..
 

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There has to be more to this story then cops just running up and blasting some drunk guy playing with a water hose.

Good shot placement though.
 

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There has to be more to this story then cops just running up and blasting some drunk guy playing with a water hose.

Good shot placement though.
You have obviously NOT lived in Los Angeles:laughing:

The only state I know of that sees the problem as so serious that they teach "how not to get shot by Police during a traffic stop" in the Defensive Driving classes:crazy:

:cheers:
 

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It's very hard to second guess a cop now days, and we are missing pertinent information.. time of day.. description of "weapon".. conversation right before the shooting..

Cops generally don't just run up and shoot someone (well, maybe drug task force) in a front yard without some kind of provocation or information that the guy is a threat..
The guy was drunk in his front yard and had a chrome squeeze handle water nozzle in his hand. When Police with guns drawn approached, he turned around before they spoke. The officers took the nozzle as a gun and fired. A neighbor had called the Police and reported he was drunk and waving a gun around.

Hard to fault the Police but LAPD has a well deserved reputation for shooting quickly. Some of the problems are attrition and a need for numbers to combat the level of violence in Los Angeles. The Frisco Police Chief told me it takes 5 or 6 years before an Officer is considered fully experienced.

:cheers:
 

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Grey Squirrel
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The guy was drunk in his front yard and had a chrome squeeze handle water nozzle in his hand.
Pretty dumb to lose your life over a water nozzle, let that be a lesson to other drunks.


When Police with guns drawn approached, he turned around before they spoke. The officers took the nozzle as a gun and fired. A neighbor had called the Police and reported he was drunk and waving a gun around.
Based on the facts at hand, I am more than sure most officers would have shot the man.

Hard to fault the Police but LAPD has a well deserved reputation for shooting quickly.
Since Long Beach officers are the ones who shot the man the reputation of the LAPD has no bearing here.

Some of the problems are attrition and a need for numbers to combat the level of violence in Los Angeles.
Today the LAPD has just over 10,000 officers, 1,000 more than just 8 years ago. Since 2008 total violent crime is down 20% in Los Angeles, a direct reflection on the number of officers.


The Frisco Police Chief told me it takes 5 or 6 years before an Officer is considered fully experienced.
That might be true in a place like Frisco but certainly not Los Angeles.
 

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Almost had something similar happen to me when I was a kid. Me and my brothers and a few neighborhood kids were playing laser tag at night in a field behind the business that was next to our house. Apparently someone saw one of us with a "gun" and called the cops. Next thing we know, a car comes flying down the driveway-they could have easily run one of us over, it was a narrow, dark, gravel driveway, and two cops jump out. Fortunately they quickly realized that we were just a bunch of kids playing laser tag. Could have ended badly several different ways, though. Good thing for me I didn't grow up in LA. :laughing:

Then there was the time I had 3 Sheriff's Deputies sneak up behind me because I was in my front yard with a pellet gun... :surprised
 

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Grey Squirrel
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Then there was the time I had 3 Sheriff's Deputies sneak up behind me because I was in my front yard with a pellet gun... :surprised
Are you sure it wasn't because you were wearing a bikini? :laughing:
 

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Hard to fault the Police but LAPD has a well deserved reputation for shooting quickly.
There ya have it. But as with any serious incident, you hope the details show it as legitimate, however unfortunate. You could go round and round with hindsight, but how many positive drunk stories ever make the news? They never end well.

Certainly not everything can be prevented in every circumstance, it's a real shame for all parties (the victim's and the officer's). No one ever considers the latter.

The Frisco Police Chief told me it takes 5 or 6 years before an Officer is considered fully experienced.
No doubt, that's pretty much an excepted standard across the nation. Of course no one is ever "fully" experienced at that job, they just get numb to the crazies. lol
 

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At the least:

The nosey *ss neighbor should of looked A LITTLE HARDER out the window

BEFORE THEY CALLED THE POLICE

next time the neighbor should open the blinds up (all the way up)

instend of peeking

Its not that hard to belive that they just pulled up and shot that man. (have you not seen how some people are treated in this country?)

Its the neighbor, cops, and the dead mans fault.

(in that order)
 

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At the least:

The nosey *ss neighbor should of looked A LITTLE HARDER out the window

BEFORE THEY CALLED THE POLICE

next time the neighbor should open the blinds up (all the way up)

instend of peeking

Its not that hard to belive that they just pulled up and shot that man. (have you not seen how some people are treated in this country?)

Its the neighbor, cops, and the dead mans fault.

(in that order)
You're probably right :cheers:
 

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Well the legal standard is not what is known after the fact in these situtations. It is what actions were taken based on what information the person (in this case a cop) had at the time.
So you have to factor in witness information (erroneous in this case, but the police didn't know that at the time), lighting conditions, the demeanor of the drunk...etc.

Sounds like the nozzle was not attached to a big green garden hose and the clown wasn't just drinking a beer in broad daylight, minding his own business, and watering his tulips.
I think it is more than likely that this fool was at least indicating to neighbors or police or someone that the metallic gun shaped object in his hand was a gun.

So the family will sue for millions, the city will probably settle becuase it is cheaper to throw them $50,000 to shut them up. They will blow the money on a huge TV, maybe a car, or whatever and the money will be gone in a year, the goof will still be dead, and the cop will have to live with it.
 

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(they wont take a little settlement) - IF THEY ALREADY HAVE CASH IN THE BANK. No amount of money would be worth it.

The public is going to side with the public.

The police ect...(and people who play with guns for a living) are going to side with the cops (EVERYTIME) until something happens to their family.

Simple as that

THIS GUY WAS A HUMAN

some people get numb to death
:devil:
 

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Seems the guy was waiting at his friends house, for the friend to return. The police were called by a neighbor, told there was a man with a gun just setting on the steps to the apartment. Cops walked up, never said a word, he turn towards them (they say he pointed the sprayer at them) and they blasted him with a shotgun.

Cops claim they never said a word to the man.. and he never said a word to them.

Going to be a hard one to justify, IMO..
 

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Cops claim they never said a word to the man.. and he never said a word to them.

That doesn't matter

Going to be a hard one to justify, IMO..
I'm sure most officers would have shot the man when he turns and points this in their direction.



We have plenty of time to second guess the officers here but they make their decisions in a split second. Sunset was about 4:50 PM that day so the lighting wasn't the greatest as dusk approached. There will be no indictments for this shooting. The city will probably make a settlement with the family, like most cities do because it's cheaper than litigating.

http://latimesblogs.latimes.com/lanow/2010/12/man-killed-by-long-beach-police-was-holding-a-water-nozzle/comments/page/7/
 

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That doesn't matter



I'm sure most officers would have shot the man when he turns and points this in their direction.



We have plenty of time to second guess the officers here but they make their decisions in a split second. Sunset was about 4:50 PM that day so the lighting wasn't the greatest as dusk approached. There will be no indictments for this shooting. The city will probably make a settlement with the family, like most cities do because it's cheaper than litigating.

http://latimesblogs.latimes.com/lanow/2010/12/man-killed-by-long-beach-police-was-holding-a-water-nozzle/comments/page/7/
From what the cops say, the dude was setting there enjoying his buzz and waiting for a buddy to get home, couple thugs with badges sneak up with a shotgun, he turns to see whats moving and gets blasted. No: "Drop it" "Police!" "Hey you!"

That's just how it happened.. there is no sugar coating. If they are that scared of the people they are charged with protecting.. maybe they need to be sanitation engineers..

Garden sprayer, hell of a thing to kill or die for. And these people are worried about my guns..
 

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Grey Squirrel
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From what the cops say, the dude was setting there enjoying his buzz and waiting for a buddy to get home,
A neighbor called 911 and stated a man had a gun at the location.

couple thugs with badges sneak up with a shotgun
:rolleyes: I guess the thugs should have just walked up on him in plain sight.

he turns to see whats moving and gets blasted. No: "Drop it" "Police!" "Hey you!"
Was their time to shout warnings? Were you there?

That's just how it happened.. there is no sugar coating. If they are that scared of the people they are charged with protecting.. maybe they need to be sanitation engineers.
Yeah maybe :rolleyes:

Garden sprayer, hell of a thing to kill or die for.
Lesson to be learned here, don't point anything at a police officer that looks even remotely like a firearm because you'll be shot.
 

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You have obviously NOT lived in Los Angeles:laughing:

The only state I know of that sees the problem as so serious that they teach "how not to get shot by Police during a traffic stop" in the Defensive Driving classes:crazy:

:cheers:
I guess my first thought on this is whose fault is this - cops who are rightly nervous at every traffic stop or the people who are too stupid to realize you shouldn't get abusive or physical with cops who stop you?
 

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A neighbor called 911 and stated a man had a gun at the location.
Neighbor was wrong.. man is dead.. cops are murderers. What don't compute?

:rolleyes: I guess the thugs should have just walked up on him in plain sight.
Broad daylight, dude setting on steps out in the open.. I don't know where your idea of justified comes in, but mine stopped at the setting on a step in broad daylight. :rolleyes:

Was their time to shout warnings? Were you there?
Don't need to be there, I got the officers statements. :rolleyes: If your gonna blast some dude with a shotgun, twice in broad daylight, for setting on a set of steps with a garden sprayer.. you need to at least yell something before you murder him.. IMO Pretty easy to take a position of cover, and then initiate verbal contact..

That's just how it happened.. there is no sugar coating. If they are that scared of the people they are charged with protecting.. maybe they need to be sanitation engineers.
Yeah maybe :rolleyes:[/quote]

No maybe, what part don't compute? If they are that scared of people they are charged with protecting..

Lesson to be learned here, don't point anything at a police officer that looks even remotely like a firearm because you'll be shot.
So if a kid with a toy gun, playing with his friends rounds a corner with that gun in the ready position, he can be justifiably shot? :rolleyes:
 
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