The parents of a 16-year-old boy who was fatally shot by a San Diego police officer while the teen was running away from gunshots fired by another person has sued the city and the officer involved.
In a complaint filed Friday in San Diego Superior Court, Konoa Wilson's parents allege the boy was at the Santa Fe Depot in downtown San Diego on the night of Jan. 28, when another person opened fire on him.
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WATCH HERENBC 7 contacted the San Diego police for a comment but was told it doesn't comment on pending litigation and instead referred us to the San Diego City Attorney's spokesperson, who also said the office was unable to comment on pending litigation.
Wilson ran from the gunfire toward Kettner Boulevard, where he encountered San Diego Police Officer Daniel Gold.
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SIGN UP "It's what Gold sees when he runs to the sound of the gunfire and what Gold does. That's how it has to be evaluated," consultant Roger Clark told NBC 7.
Clark has been an expert witness in police shooting cases nationwide. He resides in San Diego County but is not involved in this case. He analyzed the police body worn camera footage and the footage from the train station security cameras.
The lawsuit alleges that "instantly, without any warning," Gold fired two shots at Wilson, striking him in the upper body. Wilson was transported to UC San Diego Health Medical Center and was pronounced dead less than an hour later.
GRAPHIC CONTENT WARNING: The video below was edited and released by San Diego police and shows an SDPD officer shooting a person. Viewer discretion is advised.
In Trolley station surveillance footage released by the police department earlier this year, Wilson can be seen running after another person pulls out a gun and opens fire on him at the station's west platform.
Gold and another officer were in the area responding to an unrelated report of an assault when the gunshots rang out.
Previous coverage:
Wilson can be seen running down a corridor leading out of the station and emerging on Kettner Boulevard just as Gold was running toward the same corridor.
Body worn camera footage shows the officer immediately fire on the teen at close range. From the suit:
"As DECEDENT exited the Santa Fe Depot corridor, he turned right onto Kettner Blvd. Immediately upon turning the corner, DECEDENT crossed paths with Defendant GOLD who instantly, without any warning (verbal or otherwise), fired two gunshots at DECEDENT, striking DECEDENT in the right side of his torso/back area. Prior to firing the gunshots at DECEDENT, DECEDENT was only observable to Defendant GOLD for one (1) second before Defendant GOLD began shooting at DECEDENT."
"He could be someone just fleeing the scene of a shooting or he may be a victim. He could be a lot of things," Clark said. "...There is absolutely no rationale to associate this kid as the shooter because he was obviously fleeing."
The video shows the boy screaming and running briefly before collapsing. Officers then began performing CPR on him and, while doing so, found a handgun concealed under the youth's clothing near his right thigh, according to police.
Also from the suit:
"Only after shooting DECEDENT and watching him fall to the ground did Defendant GOLD finally announce 'San Diego Police.' "
“Then it’s too late," Clark said. "He has to say it before he pulls the trigger. That’s the point."
There are no indications that the teen fired his gun during the incident or was holding it when Gold, a two-year member of the police department, opened fire on him.
The lawsuit states, "At no point during these events did decedent brandish a weapon nor did he present a threat to the physical safety or well-being of defendant Gold or any other person. Decedent was simply running away from an unknown person who was shooting in his direction while he was on the train platform."
Police said the person who fired gunshots at Wilson was arrested just over a week later. The shooter was described only as a 16-year-old juvenile.
A GoFundMe campaign created by Wilson's family describes him as "a loving, peaceful human who never caused problems for others. He was so loved by everyone he touched and knew. Now, his life has been stripped away forever from his family, friends, teachers, neighbors, and anyone that had seen and knew him. We are all in disbelief and are forever grieving."
