LOS ANGELES (AP) — A Southern California police officer searching for a burglary suspect on a February night opened the door of a portable toilet and found him. Seconds later, the unarmed man was dead.
Fontana police on Thursday released body-worn camera footage, narrated by Chief Billy Green, from the fatal encounter. Green said the man, Daverion Deauntre Kinard, was holding a “metallic object” in his hand as he sat on the portable toilet. It turned out to be a lighter.
Kinard was killed Feb. 13, the day before his 29th birthday. The city of Fontana has agreed to pay his parents $1 million in a legal settlement, according to The Press-Enterprise. The law firm that represented the family in the legal claim did not immediately respond to a request for comment.
“The family recognizes the public and the media’s interest in obtaining and viewing the footage but would appreciate the family’s desire that the footage remain private in order to protect the dignity of Daverion,” the family and the city wrote in a joint statement in the video.
State law requires law enforcement agencies to make public footage of police shootings within 45 days. Fontana delayed the release, citing the ongoing investigation and other factors, The Press-Enterprise reported. Green did not immediately respond to The Associated Press’ request for comment Friday.
Officer Johnny Tuitavake, who was identified in the settlement, was sworn into the department in February 2019, according to city council documents. The Press-Enterprise reported that he remains on duty.
The shooting remains under investigation by the San Bernardino County District Attorney’s Office to see if any criminal charges will be filed. The Fontana police are conducting an internal review to determine if departmental policy was followed.
Fontana is 55 miles (88.51 kilometers) east of Los Angeles.