Los Angeles (AP) -- The family of a man who was shot to death by sheriff's deputies after they turned a dog on him during a standoff can sue the animal's handler and other officials, a judge said in a tentative ruling Tuesday.
A Superior Court judge tentatively granted a portion of Los Angeles County's motion to dismiss the case against several sheriff's deputies but said claims against four of the deputies' supervisors can proceed to the jury. A final decision could come later in the week.
Trial was scheduled for Feb. 21.
"He made a wise ruling to keep the supervisors in the suit," said Luis Carrillo, an attorney representing some of the plaintiffs. "We want a trial and we want justice."
Dennis Gonzales, an attorney representing the county, said he wasn't surprised by the tentative ruling but believes the judge could reverse his decision once he re-evaluates oral arguments made Tuesday.
"We will wait and see how it turns out," he said.
The suit claims civil rights violations, false arrest and "negligent hiring, training and supervision" of deputies who shot and killed 23-year-old Deondre Brunston in Compton on Aug. 24, 2003.
Deputies responding to a domestic violence call found Brunston on the porch of a home. In a videotaped encounter, Brunston crouched on a porch with one hand hidden behind a pillar. He threatened deputies, claimed to have a gun and said he didn't care if he died.
But he also said he would surrender if he was put in touch with his pregnant girlfriend.
As emotions intensified, a police dog was released, and Brunston threw a sandal he had been holding in his hidden hand to the ground. Deputies began shooting, killing Brunston and the dog. No gun was found on or near Brunston.
Brunston's mother, aunt and three young children sued, seeking unspecified damages.
"There were deputy sheriffs there that were negotiating with him and the crisis negotiating team was on the way ... they should have waited," attorney Cheryl Turner contended.
"The dog was released prematurely when it wasn't necessary. Deondre Brunston wasn't fleeing, did not have a weapon on him."
The suit names the deputy who released the dog and the sergeant who was supervising him at the scene, Turner said. Also named were another onsite supervisor and an off-scene lieutenant who was reached by cell phone and gave an order to release the dog.
A report by the sheriff's Office of Independent Review said there was a lack of communication between the dog handler's supervisor and the deputies before the canine was released.
The report also blamed some of the deputies who fired their guns because they were not deemed "designated shooters" by the on-scene sergeant. Several deputies were given two-to-five day suspensions.
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