July 7, 2005
Wrongful-Death Claim in Burbank Shooting
The family of an Israeli immigrant killed by Burbank police is pursuing a $51 million wrongful-death claim against the cities of Burbank and Los Angeles. Assaf Deri, 25, died a year ago when Burbank undercover police officers shot him in an alley in North Hollywood.
Attorneys for the family said they filed their claim late last month, just prior to the one-year anniversary of Deri's death, but the filing could not be verified on Friday, when the family went public with the legal action.
On June 25, 2004, plainclothes officers approached Deri after "boxing him into an alley with their vehicles," according to the claim. A coroner's report concluded that Deri died after officers shot him multiple times. The incident remains under investigation by the L.A. County District Attorney's Office.
The Journal previously reported that Burbank police characterized the shooting as self-defense. Officials said that the shooting occurred after two officers approached Deri's car on foot while conducting a narcotics investigation in an alley near Coldwater Canyon Avenue and Oxnard Street. Deri, who was alone in the car, accelerated, said police, hitting and slightly injuring one of the officers. Out of fear for their safety, officers opened fire. The police have declined to speak in detail about the case pending the conclusion and release of the official investigation.
The claim asserts that Deri "was not engaging in any illegal or suspicious activity, and was not under the influence of drugs or alcohol." It also states that Deri had no previous criminal record. In addition, the filing alleges that officers were quick to draw their weapons because Deri looked Middle Eastern. Deri "was killed because of his race and national origin (Middle Eastern) and his religion (Jewish) and/or his perceived religion (Muslim)," in the words of the claim.
Later that night, police went to Deri's apartment and handcuffed his girlfriend and his father, who was visiting from Israel, said family friends. Officers allegedly roused them at midnight, told them that Assaf Deri was dead, then held them there overnight without allowing them to make phone calls. The claim states that officers "conduced a fruitless search for contraband and/or illegal activities without probable cause and without reasonable suspicion."