The Los Angeles Police Commission on Feb. 2 unanimously ruled that an off-duty officer who fired a gun into the ground during an altercation with a group of teens outside his home in Anaheim last year violated LAPD policies regarding use of force.
The ruling came a little less than two weeks after the Orange County District Attorney’s Office decided not to file criminal charges against Officer Kevin Ferguson, 34, who was previously assigned to the LAPD’s Hollywood Division. The Los Angeles Police Commission voted 5-0 that Ferguson was in violation of LAPD tactics, rules on drawing and exhibiting weapons, and policies on the use of lethal and non-lethal force.
Ferguson has been assigned to his home with pay since the altercation on Feb. 21, 2016. The next step is for LAPD Chief Charlie Beck to determine what disciplinary measures Ferguson will face. Beck previously expressed “concerns” about Ferguson’s action in a report to the commission. The officer could be fired.
Ferguson was involved in an altercation with a group of teens who walked through his front yard. The officer’s house is located near a school, and he said students frequently trespass on his property on their way to and from the campus.
The altercation was captured on video by one of the teens in the group. Ferguson allegedly initially confronted a teen girl walking through the yard, and minutes later confronted a 13-year-old boy who came to her defense. Ferguson grabbed the male teen, Christian Dorscht, by the collar and a scuffle ensued. A different male teen pushed Ferguson to the ground. He allegedly got up, pulled out a handgun and fired one shot into the ground. No injuries were reported.
Anaheim Police Department officers arrested Dorscht, 13, for suspicion of making criminal threats and battery, but no charges were filed. The teen who allegedly pushed Ferguson was not arrested.
A civil lawsuit filed by Dorscht’s family against Ferguson alleging the off-duty officer violated the teen’s civil rights is pending litigation.
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