Eureka Police Chief Andy Mills did confirm that “there was a gun recovered. I don’t want to get into where exactly the gun was until I can prove that forensically to my satisfaction…..”
The point of fact number 1 is that Tommy McClain was on his property and he was 100% within his rights to be in possession of a gun.
Number 2 the police were not responding to reports of a crime. They were in the area for completely unrelated reasons. So no crime was committed by Tommy or anyone else at that residence.
Number 3 so far as reported, NO request or command to “drop the weapon” was made.
Number 4 the family reports that had been celebrating a birthday and consumed alcohol. Again you can be as drunk as you want at your own home, that’s perfectly legal.
In summary this family was minding their own business, committing no crimes, and on their private property. Tommy McClain then is gunned down by the EPD.
The bottom line here is there is no justification for the use of deadly force in this incident. This is a textbook wrongful death case. We hope the Federal Government takes a hard look at this civil rights violation.