trunk of the car after the robbery and therefore were unarmed when fired upon. Several officers later testified briefly that they saw guns being brandished, prompting the shooting.
Now, in the defense phase of the trial, the officers are testifying at length about the incident and why they opened fire.
Seemingly choked with emotion during some of his testimony about the shooting, Helms told jurors that, because of tactical and safety concerns, the officers could not move in to arrest the bandits until the thieves left the McDonald’s after robbing the lone employee inside.
When the four men were in their car, which was parked on the street, four SIS cars moved in to block their escape. Two of the police cars actually hit the getaway car, “jamming” it behind a parked truck.
As officers jumped out of their cars, Helms said, he heard one officer shout “Gun!”—a warning that he saw a gun in the getaway car. Helms then heard shots being fired and shouts of “Police! You’re under arrest!”
“Things were going on simultaneously,” Helms said. “I saw a man get out . . . and I saw a gun in his right hand. I saw him start to run.”
Helms said that, because the robbers had used guns during previous crimes, he believed the men still inside the car were also armed and that the officers surrounding the car were in danger.
“I started directing fire at the back,” Helms said. “The next thing I saw was one of the handguns being brandished through one of the holes in the rear window.”
Helms fired again, emptying his shotgun of shells. In the meantime, other officers shot the man who had run from the car when he allegedly turned and pointed a pellet gun at them.
“I knew I was out of ammo on my shotgun,” Helms said. “I put it in my car and took out my .45.”
Helms then described how he and his partner approached the car to make sure the three robbers inside were no longer a threat. He said that when he looked into the car one of the men in the backseat was reaching for a gun on the floor. Helms said he yelled for the man to stop and fired twice when he did not comply. Helms said the other man in the backseat then reached for the weapon, and Helms fired at him as well.
Helms said he did not know how long the shooting lasted. “When I believe my life is in danger, I am not a good estimator of time,” he said.
During cross-examination of Helms, the plaintiffs’ attorney, Stephen Yagman, pointed out that the weapon the officer claimed to have seen in the car was an unloaded pellet gun. Yagman has said that the jury will have to decide whether it is plausible that the robbers would have pointed or attempted to reach for pellet guns when confronted by nine officers with shotguns and .45s.
GATES WANTS TO BE ‘JUDGE, JURY, EXECUTIONER,’ LAWYER SAYS
Courts: Attorneys make their closing arguments in the trial stemming from a February 1990 shooting in Sunland in which officers killed three robbers.
March 25, 1992
The Los Angeles Police Department is a “Frankenstein monster” created by Chief Daryl F. Gates, who has allowed a squad of officers to operate as “assassins,” a federal jury was told Tuesday in a trial over a police shooting that left three robbers dead.
But the allegations made by an attorney representing the robbers and their families was rebutted by the city’s attorney, who defended Gates and said members of the police squad—the Special Investigations Section—use tactics designed to avoid shootings.
The statements came during closing arguments in a three-month trial stemming from the Feb. 12, 1990, shooting outside a McDonald’s restaurant in Sunland.
“The police have gone too far in Los Angeles by using excessive force,” plaintiffs’ attorney Stephen Yagman said.
“The LAPD and Daryl Gates have ruled this community for 14 years by fear,” Yagman said. “He does and has done as he pleases. The LAPD is his Frankenstein monster. It is something that has gone beyond all