Anaheim Police Face Another Federal Lawsuit Over Alleged Questionable Killing

martinangelhernandez.jpg
Martin Angel Hernandez
Claiming a dirty Anaheim cop operating in a terribly corrupt police department murdered a 21-year-old man in March 2012, surviving family members filed a federal civil rights lawsuit this week inside Orange County's Ronald Reagan Federal Courthouse.

Humberto Guizar, the attorney for victim Martin Angel Hernandez's mother and minor child, wrote in the lawsuit that the police killing wasn't just "brutal" but is also representative of a "disturbing trend" of out-of-control members of the Anaheim Police Department's gang unit.

Guizar's description of the incident paints a picture of police officers who believe they can kill with immunity.

He said officer Dan Hurtado responded to a call about a man holding a weapon in an alley not far from the Anaheim GardenWalk, responded to the area, saw Hernandez holding a shotgun, yelled "police," observed the retreating suspect attempting to toss his gun in a dumpster and, without warning, used his Bushmaster AR15 semiautomatic military assault rifle to fire a shot into the man's head.

According to Guizar, Hurtado used excessive force because Hernandez hadn't threatened anyone--including the cop--with the gun before the killing.

Underscoring the alleged police savagery, the cop walked up to the profusely bleeding man and, instead of calling for emergency medical assistance, grabbed his shirt, picked him up and threw him back on the pavement, according to the lawsuit.

Guizar claims in his complaint that Hurtado, knowing his lethal force wasn't righteous, then doctored the scene.

"In order to avoid responsibility for this wrongful shooting, Hurtado proceeded to place the shotgun next to the decedent's body in order to make it appear as though the decedent had his weapon in his hands when he was shot," the lawsuit alleges.

Guizar also said Anaheim PD is a cesspool of warped police officers that cover up fellow officer crimes in a "code of silence" and, with the knowledge of police department management, routinely fabricate official reports to publicly justify their corruption.

As of this afternoon, a federal judge had not yet been assigned to the case.

The plaintiff's did not specify a dollar amount of damages they seek.

Earlier this month, a federal jury rejected a similar wrongful death lawsuit claim by the family of Manuel Diaz, who was shot in the buttock and back of the head by an Anaheim cop in July 2012.

In that case, officer Nick Bennellack's taxpayer-paid lawyer argued to the jury that even though Diaz had been unarmed at the time of his death, the cop's erroneous conclusion otherwise couldn't be faulted as professionally negligent or corruption.

Veteran Anaheim cops say they must use tough tactics to protect innocent citizens in the city from lawless, gang thugs.

More than a year ago, prosecutors inside the Orange County District Attorney's office sanctioned Hurtado's actions as lawful.

Go HERE to see Gabriel San Roman's prior, detailed article about the killing.

Follow OC Weekly on Twitter @ocweekly or on Facebook!

Email: rscottmoxley@ocweekly.com. Twitter: @RScottMoxley.


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55 comments
jilllee
jilllee

clean the streets from these gangsters. Cops are the only ones protecting the citizens from terrorist acts committed by these cholos. They world will be a better place if they were all shot. 

jimgilchrist
jimgilchrist

No need for a trial here.  Let's just get a rope and lynch a cop today.  He's guilty because he's a cop, right?.


The plaintiff's attorney, Humberto Guizar, has already determined that police officer Dan Hurtado is guilty of whatever Guizar wants him to be guilty of, regardless of any facts or circumstances surrounding the officer-involved shooting.


Counselor Guizar stands to make millions of dollars for himself and the decedent's family, if only he can twist the meaning of the law to fit his own convoluted interpretation of what actually happened that resulted in an officer-involved shooting.  With uncounted millions of dollars at stake, it is not surprising that Guizar and his client(s) would make spectacular assumptions in the law suit.


After all, this is not about alleged wrongdoing by a police officer.  It is all about choking the residents of the City of Anaheim out of perhaps tens of millions of dollars, half of which will go to Counselor Guizar.  This is the most profitable form of extortion ever…kinda' like winning the lottery.


Meanwhile, Officer Dan Hurtado's life is virtually wrecked as the assumptions made in complaint prepared by Guizar are made public and subsequently assumed to be true by an unwitting audience.  Just another case of a greedy attorney and a foolish media attempting to hang the innocent and blindside the public.


Jim Gilchrist, Founder and President, The Minuteman Project


Patti Brook
Patti Brook

Read his background Troy - and that why we are better off with him dead!

Patti Brook
Patti Brook

Be law abiding Citizens and you won't have any problems with the police. If you do something stupid, follow their commands and you won't find your brains in the back alley next to a shotgun you shouldn't have had. Job well done Anaheim Police Department!!

tnico1971
tnico1971

Attorney Guizar has been watching too many movies - What a joke!  I love his comment "killing wasn't just "brutal" but is also representative of a "disturbing trend" of out-of-control members of the Anaheim Police Department's gang unit"  How many drive-byes has this piece of shit been in?  How much has Manual Diaz terrorized the Citizens of the City of Anaheim.  Manual Diaz was nothing but a Gangbanger with a shotgun in an alley up to no good and got what he deserved.  His brains splattered outside his head served him better than when it was inside his skull...REST IN PISS!!  Oh and how I loved the graffiti memorial for this thug on the City walls.  Thank you APD for getting rid of this piece of shit. 

chunt6
chunt6

if this dirtbag had killed somebody in that alley, you would still moan about cops not doing their jobs.  i will take a cop over a gagnbanger any day.

Danny BigPranks Morales
Danny BigPranks Morales

^^^^^^^^^^^^^^^^^^^^^^The guy with a tilted brim and bangs in his face is threatening gang members? Classic!!! Ahahahahahaha.

Joshua Van Tilborg
Joshua Van Tilborg

It's simple....don't be a gang member. GOD DAMN RIGHT, YOU ARE DOMESTIC TERRORIST, AND WE DON'T NEGOCIATE, NOR HARBOR TERRORIST IN THIS COUNTRY, LEAVE OR DIE, DIRECT THREAT TO ALL YOU GANG MEMBERS.

Troy Lambert
Troy Lambert

And you know this how??? lol, and they call me the nigger.

Gary Cooper
Gary Cooper

So sick and tired of these POS mothers crying the fucking blues .. APD wouldn't have a GANG UNIT if Angel and Shorty and the rest of the idiots weren't fucking street thugs ... PERIOD !!!!!

Anthony X Cstaneda
Anthony X Cstaneda

Kill all thugs on site, they put shame to our race and they waste our money, they are thugs not gangsters, gangsters are organized, smart, not lazy and know how to dress

Anthony X Cstaneda
Anthony X Cstaneda

This idiot had it coming to him, you can't walk around like you own shit, especially dressed like that. This is the same cituation as if someone from another town foes into your city and you hit them up. Thugs are fake, when a rival kills your guy you get revenge, but when a cop kills one of you, you go crying to the media like your innocent. Fake ass pussies, dont start none wont be none

Nohollow
Nohollow

He found the shotgun while trying to turn his life around. He only ran because he wanted to turn it in to the nearest police station. Since he is dyslexic he accidentally ran the wrong way.

Rich Hail
Rich Hail

damn!! that must of mesed your mind up especially at 12 years old.. I can see your view.

Rich Hail
Rich Hail

finally a picture of a chicano cholo who smiles in pictures.

Cheryl Lynn
Cheryl Lynn

It's simple....don't be a gang member.

18usc241
18usc241 topcommenter

I encourage anyone that has been harmed by the bully harassers and intimidators of the Anaheim and Garden Grove police departments to sue the offenders and their city. It's your fundamental right in America not to be terrorized by asshole cops and their demented leaders. The emperor has no clothes other than a big pair of soiled Depend undergarments. When confronted by their victim, the cowards run.

And that includes victims within these police departments who know damn well what I'm speaking about. Be Orange Counties' Snowden - in other words an actual courageous cop.

Robert Simmons
Robert Simmons

All OC cops are scumbags because they responded to reports of a gun at a Park?

Steve SanFilipo
Steve SanFilipo

And the only good gang banger is a dead gang banger. That's why no one cares about this dude.

aupois45
aupois45

How do they know the cop took the gun out of the trash can and placed it by the criminal? Yes criminal because he had a shotgun in public a felony.

BumSpotter
BumSpotter

Aren't you the societal Net Loss that we should all be worried about? "We" don't negotiate? As in "you"? Hey "All You Gang Members" this is Joshua Van Tilborg at 110 W Wilshire Ave, Fullerton, CA 92832. Here's some history on this "keyboard tough guy".  http://www.youtube.com/watch?v=wZsFqW4vMTs



BumSpotter
BumSpotter

Aren't you the societal Net Loss that we should all be worried about? "We" don't negotiate? As in "you"? Hey "All You Gang Members" this is Joshua Van Tilborg at 110 W Wilshire Ave, Fullerton, CA 92832. Here's some history on this "keyboard tough guy". I have a restraining order against his serial-loser.   http://www.youtube.com/watch?v=wZsFqW4vMTs



mayaquintanar
mayaquintanar

Don't post things that are inappropriate thank you . !

AnthonyXCstanedaSr
AnthonyXCstanedaSr

sorry everyone I'm Anthonys dad. I used to beat this lil puto and I was in gang so he grew up hating gang members. He tried to get into a gang once but they just all sexed him in then beat the lil joto out. Rough life for my boy and I'm sorry everyone

ChucoVGVgang
ChucoVGVgang

you are such a fairy lol how many times have you had your ass beat?

mayaquintanar
mayaquintanar

So easy to judge like your perfect ..correct ?

tnico1971
tnico1971

...and you forgot to mention then they want money for their beloved piece of shit!

mayaquintanar
mayaquintanar

If you ever get in trouble with the law tour an idiot you had it coming to you

LaBonteJackson
LaBonteJackson

Hi everyone, I'm Saras husband, this lil chunker is just angry that her ex husband/baby daddy is now sucking off cholos in OC county jail. I will put it on that pasty ass later and she will be posting nicely later.

ChucoVGVgang
ChucoVGVgang

Yea Sara.. everyone see's your hateful remarks.. Everyone.. I'm sure you won't be saying that when your kids tuen into lil skinheads

mayaquintanar
mayaquintanar

Don't comment if you don't have anything nice to fucken say . thank you

18usc241
18usc241 topcommenter

And then they use your taxpayer money to pay up idiot.

18usc241
18usc241 topcommenter

Tell that to Orange County, CA law enforcement who use criminal gang member types to commit crimes against US born American citizens. A hypocrisy greater than Bernie Madoff or pedophile priests (neither accused of murdering victims).

tbone16
tbone16

@18usc241 oh and if the traitor Snowden was so courageous what's he doing hiding out in Russia?  He's no less a coward that gangbangers.

tbone16
tbone16

@18usc241 I encourage anyone that has been harmed by the bully harassers and intimidators of the Anaheim and Garden Grove gangs to support your police departments, as they're the ones on the street doing the job most are afraid to do.

mayaquintanar
mayaquintanar

You obviously care you took the time out of your day to comment remember that !

18usc241
18usc241 topcommenter

So you forgot that his US passport was revoked by the US government while he was in a Russian airport on his way OUT OF RUSSIA? If I was concerned that Snowden was a Russian spy I wouldn't block him leaving Russia.

This is why US politicians have such little respect for you - cuz ya dummies!

18usc241
18usc241 topcommenter

Your cops use gang member types to commit crimes against US born American citizens and now that I think about it - their Colombian immigrant spouses. So you need to resolve the conflict of interest there buddy.

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