Officer Kevin Ferguson could still face charges for fight with 13-year-old

The Los Angeles Police Department on Monday revealed the name of the officer involved in a confrontation last week with a 13-year-old in Anaheim that sparked protests and outrage over his use of force.

Right, Officer Kevin Ferguson pulls a 13-year-old just before he fired his gun at the ground.
(courtesy of YouTube)

Officer Kevin Ferguson with the LAPD Hollywood Division has been taken off administrative leave less than one week after video footage showed him drawing a gun and shooting the ground during a struggle with the teenage boy. No one was injured.

The 13-year-old was booked at Orange County Juvenile Hall for criminal threats and battery. A 15-year-old male – who attempted to free the 13-year-old during the scuffle – was also arrested for assault and battery. Ferguson was not arrested.

LAPD Detective Meghan Aguilar said he will be assigned “non-field” duties while investigations into the incident are completed. Ferguson has been with LAPD for approximately three years and nine months, but Aguilar could not give details regarding his duties prior to the incident.

After the video went viral last week, hundreds protested in the streets of Anaheim – resulting in 24 arrests – over the officer’s use of force, and questions as to why Ferguson was not arrested. The Anaheim Police Department (APD) has been swarmed by so many phone calls about the incident that they created a special telephone number ((714)765-7990) for those who want to comment.

When the APD investigation is complete, it will be up to the the Orange County District Attorney’s office to file charges or not.

Anaheim Police Chief Raul Quezada said the confrontation began over an “ongoing dispute” with juveniles walking across the officer’s property.

Other students and passersby recorded parts of the incident last week on their cellphones.

One video begins mid-scuffle with a teenager tugging on the 13-year-old, in an attempt to separate him from the officer. But Ferguson maintained his grip on the teenager’s collar.

“You’re the one that started it,” the 13-year-old said.

Others formed a circle around the two, and several of them told Ferguson to let the 13-year-old go more than a dozen times.

“Let me go for the last time,” the teenager pleaded. “Stop grabbing me. My hands are red and you scratched me.”

“Well (my hands) are going to be red because you’ve been resisting this whole time,” Ferguson replied.

“No I wasn’t,” the 13-year-old yelled. “You tackled me first. I didn’t do anything to hurt you.”

“Then you shouldn’t have made a threat that you are going to shoot me,” Ferguson said, as he slowly dragged the 13-year-old across the lawn away from the onlookers.

“I didn’t say that,” the 13-year-old yelled louder. “I said I’m going to sue you.”

Other teenagers rushed at Ferguson and knocked them over bushes to another property. Some swung at Ferguson, and a tug of war ensued across the bushes, with each side trying to secure control of the 13-year-old. When Ferguson saw that he’d been surrounded, he reached to his waist and pulled out a gun.

“Chill, he’s a kid,” someone shouted.

Ferguson shot at the ground and dragged the 13-year-old over the bushes while the onlookers scattered.

When on-duty officers arrived, they put the 13-year-old boy in handcuffs, and one officer walked away with Ferguson and took his gun as the video ended.

Quezada last week said the department did not see sufficient evidence at the time to charge Ferguson with a crime. But charges could still be brought against anyone involved.

“The Anaheim Police Department Homicide Detail is investigating the criminal culpability of the off-duty police officer, as well as the juveniles involved,” the department said in a statement. “The videos posted online do not depict the entire event. Our job is to collect all of the facts and evidence to present the clearest and most accurate information to the District Attorney’s Office as they make their decision on the filing of criminal charges.”

Quezada said as a father and as police chief, he was disturbed by the video.

“As a police chief, I am charged with enforcing the laws, absent my personal feelings,” he said. “I personally wish the off-duty officer would’ve awaited our arrival before taking action. But instead he decided to confront the juveniles.”

Quezada said the 13-year-old allegedly made a threat that he was going to shoot Ferguson.

Anaheim Mayor Tom Tait said he was angered by the video.

“The video shows an adult wrestling with a 13-year-old kid, and ultimately firing a gun,” he said. “I am so thankful no one was seriously hurt …. but it should have never happened.”

The Los Angeles Police Protective League released a statement defending the officer’s actions.

“The shows that our officer was physically assaulted by multiple individuals and the officer sustained injuries,” the statement read. “There is no question, however, that when a police officer is attacked, they have a right and a duty to protect themselves, no matter the age of the offender.”

The LAPD said its investigation is ongoing while investigators interview witnesses and review records. Aguilar said administrative investigations typically take six to nine months to complete. The report will be reviewed by LAPD Chief Charlie Beck and the board of Police Commissioners to determine whether the use of force complied with the department’s policies and procedures.

The police departments have not released the names of the teenagers arrested. According to media reports, and a crowdfunding campaign started by a man named Johnny Dorscht, who is allegedly the 13-year-old’s father, the teenager’s name is Christian Dorscht. According to the crowdfunding page – which has already nearly doubled its goal of $10,000 – “Christian was merely standing up for a female friend when [Ferguson] saw fit to lay his hands on my son [who] is 13-years-old and hold him against his will.”

“Christian is home safely, but there are fees to be paid,” the page reads.

Calls were made to the place of employment for Johnny Dorscht, but representatives who answered said he stopped working with them one week ago.

Anyone with information regarding the incident is urged to call LAPD at (213)486-5230.

The department does not release personnel or disciplinary records during investigations.