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Family of Anthony McClain Hires Civil Rights Attorney from George Floyd Case
San Gabriel Valley Mar 23, 2021
One of the attorneys for the McClain family, Caree Harper, disputes the DNA evidence. Harper announced the addition of Ben Crump Monday to the team of legal experts who have filed suit against the City of Pasadena and the Police Department. | Photo by Terry Miller / Beacon Media News
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Graphic, expletive-riddled new video appears on attorney’s Facebook page
An attorney who specializes in civil rights and catastrophic personal injury, Ben Crump, has been hired by the family of Anthony McClain who was shot and killed by Pasadena police last year. Crump, who helped win a $27 million settlement in the Minneapolis Police death of George Floyd, has been added to the growing team of attorneys who are suing the city and the Police Department in the shooting death of McClain who left the scene of a routine traffic stop.
The McClain family filed a pre-trial motion Monday saying that a new video puts considerable doubt on the alleged discovery of a weapon at the scene where McClain was shot by Pasadena police on Aug15, 2020. Pasadena maintains that DNA evidence was found at the scene.
Crump and attorneys Carree Harper, Dale Galipo, and Michael Carrillo held a joint press conference Monday to announce a new legal filing for the pre-trial discovery set to begin on March 25.
“Officers Mulrooney and [Edwin] Dumaguindin of the City of Pasadena Police Department were on uniform patrol in a marked patrol vehicle and observed a black Infiniti M35X sedan without its front license plate attached, a violation of California Vehicle Code 5200(a). Subsequently, the officers initiated a traffic stop of the vehicle. When the sedan pulled over, Officers Mulrooney and Dumaguindin stepped out of their patrol vehicle. Officer Mulrooney proceeded to the sedan’s driver side and Officer Dumaguindin proceeded to the sedan’s front passenger side. Officer Mulrooney contacted the seated driver (later identified as Antonio Dismuke) and informed him that his vehicle was missing its required front license plate,” according to a court document filed Monday.
“Dismuke further stated that Dismuke was driving with a suspended license. Due to the Vehicle Code violations, Officer Mulrooney asked Dismuke to step out of the vehicle. Dismuke complied and exited the sedan without any resistance. Subsequently, Officer Dumaguindin requested the passenger (later identified as Anthony McClain) to also step out of the vehicle. McClain exited the passenger side of the sedan and walked towards the rear of the Infiniti M35X. As McClain walked in front of Officer Dumaguindin, the patrol vehicle’s dash cam captured McClain reach for his waistband with his left hand. The dash cam footage further showed a metallic object in McClain’s waistband area. Officer Dumaguindin also observed McClain reach for his waistband when McClain suddenly began running away from the officers. Officer Dumaguindin began pursuit of McClain and commanded him to stop. McClain failed to comply with Officer Dumaguindin commands to stop and continued running away from the officers. At one point, McClain looked back over his shoulder at Officer Dumaguindin with his left hand still in the waistband area. Fearing for his safety, Officer Dumaguindin discharged his service weapon twice and struck McClain two times and struck McClain twice.”
Harper issued a statement on Facebook regarding the latest developments and also posted a graphic video of the aftermath of the shooting.
“TODAY, March 23, would have been Anthony McClain’s 33rd birthday. He was shot twice in the back by Pasadena Police Ofc #Dumaguindin. He leaves behind 3 young children. We ask that you post on all your social media accounts today: #SayHisName #AnthonyMcclain We support the hard-working women & men in law-enforcement by holding accountable that small percentage who cross the line & taint the good & honorable works of many. @BenCrump has joined on #AnthonyMcClain #SuperLawyer legal team,” she wrote.
“The never before seen video shows that there does not appear to be a weapon in the area,” Harper alleged on Facebook.
The City of Pasadena Monday issued a statement Monday:
“The incident that took place last year that resulted in the tragic death of Anthony McClain continues to be reviewed by multiple agencies, including the Los Angeles County District Attorney’s Office’s review of the shooting, as well as the OIR Group, which has been retained by the City to conduct an independent review of the incident. The recent loss of Mr. McClain’s beloved grandmother has only added to the family’s pain and our thoughts are with them. As there is ongoing litigation regarding the matter, we are unable to comment publicly on the claims made earlier today by attorney Ben Crump, although the fact is that a handgun was found, and Mr. McClain’s DNA was found on the handgun. Gun access and violence is a far broader problem than this incident, and we all need to address it as a society, no matter where we stand on other issues. We look forward to sharing facts and findings of the incident, as developed within the legal proceedings.”
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