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Published on Dec 14, 2012
Ernesto Duenez Jr. was killed on June 8, 2011 by police officer James Moody DA's office: Moody was justified as he thought Duenez had a throwing knife but Duenez family's attorney says he was unarmed and is now fighting for murder charge against officer Moody who is now back on active duty. CLICK HERE TO HELP http://www.facebook.com/justiceforernest police officer has been cleared of wrongdoing this week in a deadly shooting caught on tape. A day later, an attorney has released the video and is asking for a larger investigation into the shooting.
In June 2011, Manteca Police had dispatched information to their officers that Ernest Duenez Jr., was a parolee-at-large, and was armed and dangerous after incidents earlier in the day.
The graphic dash cam video shows an officer pulling up behind a pick-up truck, and Duenez getting out. The officer tells him to put his hands up, then fires off about a dozen shots, hitting Duenez.
While a man and woman remain in the truck, a woman, later identified as Duenez's wife, comes out from the house and becomes very emotional at the scene.
Eventually, the other people in the truck get out, and other officers arrive on scene. Duenez is given medical aid, however the shooting was deadly.
An investigation into the shooting says Duenez had a knife in his hand when he was getting out of the truck. The officer who fired was cleared by the San Joaquin District Attorney this week, the report stating the officer was justified in his use of lethal force.
However, an attorney representing Duenez's family says the knife was in the bed of the pickup truck. He also states Duenez's foot was caught in the seatbelt, preventing him from getting out of the truck. The dash cam video shows officers having to pull Duenez from the sideboard of the truck. He released a copy of the dash cam video to youtube this week.
The attorney has filed a lawsuit against the City of Manteca, the police department, at least two officers, and others claiming excessive force, malicious conduct and wrongful death. They are also asking the U.S. Justice Department to investigate the shooting and file murder charges.