Teen’s father contends Fresno police have ‘a culture’ of shooting unarmed people

A day after Fresno police released video footage of officers shooting and killing an unarmed 19-year-old, the man’s father filed a legal claim saying the department has a culture of using “grossly disproportionate” force against residents.

In a new claim filed against the city on Thursday, Dylan Noble’s father alleged that the Fresno Police Department “acted with reckless or callous disregard” for his son’s rights. Darren Noble claims the city and Fresno Police Department “have maliciously and with deliberate indifference, taken no effective steps to terminate the policies” that led to his son’s fatal shooting.

Because actions have not been taken, he said, there is “a culture and belief” in the department that it is acceptable to use deadly force against unarmed people and that no disciplinary actions will be taken.

“The actions of the officers who killed Dylan Noble were taken contrary to the written policies and practices of the city of Fresno and the Fresno Police Department,” the claim said. “Those actions were consistent with the Fresno Police Department’s culture of deliberate indifference to the use of excessive and often deadly force in encounters with civilians, when it is a grossly disproportionate response to a situation, and even when no reasonable basis exists for any use of force whatsoever, as in this case.”

The father’s attorney Warren Paboojian said the claim is the first step before moving forward with a wrongful death suit in Fresno County Superior Court “and seeking justice for Dylan and his father.” Dylan Noble’s mother, Veronica Nelson, also filed a similar claim this week.

“The city of Fresno will now have to either accept or reject this claim,” he said.

The father’s claim comes after Fresno Police Chief Jerry Dyer on Wednesday publicly released the body-camera footage of officers fatally shooting Noble, 19, last month. Dyer said he released the videos because of intense public interest in the fatal shooting, which sparked outrage and protests throughout the city. He hoped the videos would clarify what happened.

The graphic videos show officers firing four gunshots into Noble, a white man, on June 25 during a traffic stop.

Officers had been responding to a report of a man armed with a rifle, when they spotted Noble’s black pickup and began pursuing the truck with police sirens blaring.

The video shows Noble leading police to a Chevron gas station, where he stopped his truck, with officers parked a few yards behind him. An officer is seen brandishing his gun on the steering wheel shortly before driving into the gas station. Dyer said the officer believed the pickup driver was armed.

An officer is heard yelling: “Turn off the truck. Get your hands out the window. Both hands out the window.” Later, an officer screams: “Let me see both your hands. … Get both your hands out.”

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Noble exited the truck and approached, then retreated from the officers.

Police called for backup, and officers gave about 30 commands for Noble to show his hands, lift his hands or lie on the ground, Dyer said.

The video shows Noble ignoring officers’ orders and turning around to face them. He reached his right hand behind his back and appeared to carry an object – determined to be a 4-inch plastic container with malleable clay. The plastic container was in his right hand, leading officers to believe it could be a weapon, Dyer said.

Noble is heard saying that he hates his life.

One officer shoots him twice. Noble falls to the ground, rolls over and is seen moving his hand into his waistband and under his shirt. The officer fires a third round at Noble, and after about 12 seconds, another officer fires the fourth bullet into the man.

Noble was taken to an area hospital and died during surgery.

Dyer has acknowledged that the final two gunshots may generate questions and criticism, but declined to offer an opinion on whether the shooting and officers’ actions fell in line with department policy.

He said he was waiting for the conclusion of an internal investigation as well as one by the Fresno County district attorney’s office, which is expected to concluded by late August.

The FBI and the U.S. attorney general’s office also have agreed to investigate the shooting.

Times staff writers Richard Winton and Matt Hamilton contributed to this article.

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