Cop Opens Fire Into Group Of Innocent Children, Shooting A Child In The Back

 As TFTP reports on a daily basis, being innocent - even an innocent child - is not any defense against police kidnapping, caging, or killing you.

Jamar Nicholson Green learned this the hard way when a trigger happy cop opened fire on him and a gaggle of friends as they freestyle rapped on their way to school.

Green and his friends had committed no crime and were unarmed.

The incident unfolded in 2015, but the lawsuit was only recently settled and therefore the taxpayers of Los Angeles county are going to be dispensing nearly $1 million for the negligent and deadly actions of LAPD officer Michael Gutierrez.

Gutierrez - who wasn't in uniform at the time - saw the youngster's freestyle rapping at the meet-up spot and noticed that one among them was holding a toy gun.

This is not equivalent to some incidents during which the gun resembles an actual gun.

This one was clearly marked as an entertain a highly visible orange barrel and didn't appear as if an actual gun in the least.

Jamar Nicholson Green, then 15, and three of his friends were taking note of rap in an alley a couple of blocks from their l. a. highschool.

It was the group's regular meet-up spot for freestyling and rapping before class.

Green's friend held a plastic Airsoft gun with a bright orange tip while he was rapping and dancing within the circle.

Just as the teenagers turned off the music and began the trek to class, they heard multiple gunshots, which one teen mistook as gunfire from nearby gangs.

LAPD officer Michael Gutierrez had encountered the group and, after seeing the toy gun, fired his gun a minimum of 3 times into the gang of teens.

Gutierrez opened fire all of sudden, even as the teenagers turned off the music and began their trek to high school.

The kids thought that the gunfire was coming from gangs but it had been one among LAPD's finest instead. Despite having been shot for no reason, Nicholson was forced to stay in handcuffs as he was transported to the ER.

Even while within the ER, Nicholson was kept in handcuffs as doctors worked on the bullet wound in his back.

"The officer falsely claimed a criminal offense was being committed by Blacks and a Latino as they filmed themselves rapping with a bright orange-tipped replica gun as a prop," stated John Harris of Harris & Associates who represented the plaintiffs.

"This shooting wouldn't have occurred if the youngsters were white, or on the thanks to school during a Westside neighborhood. This was a classic example of mistreatment, racial prejudice, and injustice against blacks, including black children. they frequently and routinely suffer at the hands of police. After waging an extended and rigorous five-year battle against the town of Los Angeles for Guitterez's blatant and egregious misconduct, we finally convinced them to try to do the proper thing and compensate our clients for his or her physical injuries and emotional distress suffered."

Gutierrez originally attempted to use Qualified immunity to shield himself from liability, but during a rare instance of justice, the courts eventually denied it.

"Here, it had been soon apparent to the officers that the teenagers were unarmed, posed no threat to anyone, and weren't engaged in any criminal activity," U.S. Circuit Judge Jacqueline Nguyen wrote for the panel.

"The incident occurred within the morning right before the beginning of faculty hours, and plaintiffs had their school uniforms and backpacks. In fact, as Officer Gutierrez approached the scene, J.N.G. was spraying on cologne and J.H. was donning his school uniform."

"Moreover, Officer Gutierrez admitted that he perceived a minimum of J.H. to be a possible victim, not a suspect, further undermining any justification to detain him," she continued.

"We accept as true with the district court that under these circumstances, plaintiffs' continued detention for five hours - well after any evidence would have dissipated - and therefore the use of handcuffs throughout the duration of the detention violated plaintiffs' clearly established Fourth Amendment rights to be free from unlawful arrest and excessive force."

For opening fire into a gaggle of youngsters, Gutierrez didn't face such a lot as a clap on the wrist.

When the LA County DA's Office investigated the shooting, they ruled it justified - claiming Gutierrez "Acted in lawful self-defense and defense of another," when he opened fire on a gaggle of innocent, unarmed children.

As for Nicholson, who is now 19 years old, he has not fully recovered and recently had bullet fragments faraway from his back, Harris said.

"He may suffer from this for the remainder of his life," the attorney said.