Justice for Tommy McClain: Federal Courthouse McKinleyville Monday 8:30am

justice for tommy

Justice for Tommy McClain:

Federal Courthouse McKinleyville Monday 8:30am

Mom, Jeanne Barragan, and dad, Lance McClain, are bringing the Eureka Police to trial for the murder of their son, Tommy McClain.  He was 22 years old when shot down by Eureka cops.

The trial begins Monday, Nov 14th at the federal courthouse in McKinleyville, CA.

Barragan et al v. City of Eureka et al  8:30am

United States Courthouse

3140 Boeing Avenue

McKinleyville, CA 95519

press release from Peoples’ Action for Rights and Community:

Please come as support for Tommy’s family in the courtroom.  Make justice more likely.  It’s a fully public trial. Show the police, with your presence, that we do not accept police terrorizing and murdering any of us.

Call PARC (Peoples’ Action for Rights and Community) if you want to rideshare to the trial which begins on Nov 14th.  PARC’s number is 707.442.7465  We will be going every day of trial which is expected to last up to 7 days.      

Civil Trial about Eureka Police Murdering Tommy McClain begins November 14th in the Federal Courthouse in McKinleyville (in Humboldt County), about 25 minutes north of Eureka.

That means lots of Humboldt people can go support Tommy’s family in the courtroom and show our opposition to police violence by being present in this public trial.

I don’t know if you remember, but on September 17, 2014 Eureka Police shot and killed 22 year-old Tommy McClain in cold blood in his front yard. Tommy was unarmed and posed no threat the night he was shot and killed, firing-squad-style, in front of his home. Witnesses say more than one officer shot him, but EPD officer Linfoot is the one who the system says fired the bullet that killed Tommy.The cops claim they thought Tommy had a gun. Tommy was just standing outside his own apartment when the police approached and murdered him. It’s my understanding that the next day, the cops went to the house, the family now in mourning for Tommy, and found a pellet gun inside. Suddenly, the cops claimed they had found a gun on Tommy when they shot him the day earlier, in cold blood.After that, Eureka Police Chief Andy Mills created a “Community Shooting Review Board.” This Board was the Eureka Chief’s public relations attempt to pacify public outrage, subvert any real community oversight and participation, and perpetuate the farce of independent investigation and transparency.More than 400 members of the public, including the McClain family, asked for a coroner’s inquest- a legally appropriate PUBLIC forum about the unexplained, sudden, and violent death of Eureka resident Tommy McClain.  In an inquest, the public would be able to hear the (lying) cops and other witnesses tell what happened. But, the City, the District Attorney, and the County Coroner ignored this reasonable request for transparency.Now there is a civil wrongful death suit. Let’s be there to support Tommy’s family, and show the police that it is unacceptable for them to terrorize and kill us.

Press Release from Law Office Representing Tommy’s Family:

Federal Civil Lawsuit Alleges City of Eureka Police Shooting Was UnjustifiedMay 7, 2015, Jeanne Barragan and Lance McClain filed a lawsuit in federal court alleging wrongful death and civil rights violations arising out of the fatal shooting of their son, Thomas McClain. Thomas would have turned 23 last month.

On September 17, 2014, City of Eureka Police Department Officer Stephen Linfoot shot and killed Thomas McClain when Thomas was standing in his own front yard. Witnesses state that at the time of the shooting, Thomas McClain had his hands up and did not pose an immediate risk of death or serious bodily injury to any person.

The law does not permit police officers to use deadly force unless a reasonable officer would believe the person posed an immediate threat of death or serious bodily injury. In addition, if feasible, officers must give warnings before resorting to deadly force, and under a recent California Supreme Court decision, an officer’s unreasonable tactics leading up to a shooting are relevant to whether the shooting was lawful.

Jeanne Barragan and Lance McClain are represented in their civil rights lawsuit by The Law Offices of Dale K. Galipo. Some of Mr. Galipo’s recent civil rights verdicts include the following: a $4.6 million jury verdict in September 2011 for the family of Martin Cotton, who died after being beaten by City of Eureka police officers; a $5.7 million jury verdict for Robert Contreras, who was left a near-quadriplegic after being shot by LAPD officers; a $6.5 million jury verdict in April 2013 for the family of Douglas Zerby, who was shot and killed by Long Beach police while holding a garden hose nozzle that police claimed to have mistaken for a gun; a $7.8 million verdict in June 2014 for William Howard, an unarmed man who suffered a severe brain injury and partial paralysis after being shot in the face by a County of Riverside sheriff’s deputy; and an $8.8 million jury verdict in May 2013 for the family of LeJoy Grissom, who was killed in a parking lot by a Culver City police officer wielding an MP5 submachine gun. Mr. Galipo is currently handling approximately sixty officer-involved shooting cases throughout the state of California.

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One thought on “Justice for Tommy McClain: Federal Courthouse McKinleyville Monday 8:30am

  1. Tommy Mcclain is my nephew, he is deeply loved missed and will always be remembered. He was 22yrs old, had a full time job he picked up doing roofing and he was rather enjoying life at his young age. He had never had a criminal background, and he was a very happy joyful young man. He had no enemies, not that I’ve ever heard of, and before moving to Eureka with my other nephew, Tommy and I had probably a good 4 close years where we basically went or did everything together. I love Tommy very much and for this officer to say he had never encountered my nephew is a total lie, I remember him calling me a few weeks prior to the shooting taking place, and he had told me that an officer had basically drove up on him and my other nephew in the back alley and begun harassing him and asking him all sorts of questions, all because he was a face this officer didn’t recognize. Also for him to state that he never seen a weapon, while Tommy was complying with the other officers orders, began firing once my nephew was ordered to get on the ground is absurd, and to fire 7 out of 15 rounds, mind you two of those shots were while Tommy was already hit and on the ground, would be considered murder to any other individual that wasn’t wearing a badge. Then to not recover a weapon from the wounded, coming back the following day with a warrant to find a replica BB gun and to seize things belonging to Tommy such as a ps3,tablet,laptop ect, to try and find evidence to try and run his name through the dirt is beyond any belief I would have for a public service like the police department to ever do. The fact that Mills presented 4 different pictures to the press the last being a weapon with a clip the first one without, should be considered tampering, and to make the officer that was lead officer in the shooting a representative for the department so he could hear all testimonies is down right dispicable, for law enforcement is and should only be that, to enforce the law, not be above it in no manner, there was NO reason this life should have been taken that night or any night, officers shouldn’t be allowed to shoot to kill and not be held accountable for the incident, they are trained, Linfoot had years of experience in law enforcement and had to practice with his weapon at a firing range every so often, and to use 7 rounds to take down a a young man showing no threat should have repercussions for his non existent ability to wound instead of murder this young man. The money is no issue because the money can’t buy back what was taken, but to find this officer not fully negligent is beyond me seeing how a weapon was never recovered off of my nephews person and taking of a life without cause is murder. With the case now over and the case swept under the rug, the EPD, the judge, and the lawyer for the family can FINALLY get some sleep at night without worring if the case would ever be hears out side of Humbolt County. Or if it was gonna be a real case that someone actually listened to all the evidence that could have been submitted. Attorney Galipo stood there with his mouth shut and his hand out, and with that he got just a little under $100,000 from the families settlement and who knows how much the courts gave to him to compensate him for not presenting anything in court. Now that we seen the b actual evidence that the defense for the EPD actually gave to Attorney Galipo and along with all the other court files there are so many more questions. My nephew Tommy McClains death was no accident, in his shirt alone I counted 7 holes in his shirt and the holes are on various spots indications Tommy was shot from different sides, when the EPD says Officer linfoot only struck Tommy with 3 rounds OUT OF 7 and that includes the one found in his head. The Officers then reloaded their weapons after being instructed not to do so and yet one Officer darkness was a round short in his magazine. The EPD even purchased a weapon from an armory the following day, the same weapon was shown as evidence and was not objected. There was no judgement in this case, the was no JUSTICE FOR TOMMy McClain. His life shouldn’t have ended that night, not under any circumstance. And there isn’t anything we as individuals,people can do because what the government, being it be the police, judges, or other official, if they don’t want anyone to see or hear about it then the case will cease to exist. Everything that could have been brought into evidence was dismissed or irrelevant in the judges eyes, and everything that was presented ‘m on behalf of the family was minimal and really of no worth. Only enough to show that there WAS negligence in the “officer” shooting his weapon. It’s sad to know that this “officer” will not be held accountable for his actions. Where is JUSTICE in That? NO amount of money could ever be enough, Tommy McClains life shouldn’t have ever had a dollar sign on it, these officers got away with murdering a 22yr old man and the government don’t do shit to the one(s) that took that life it’s sad to know, that the government only sees us individuals as a $. Thanks for reading or following my Nephews case.
    His Uncle .                            my nephews case
    And Thank All For Your Support,

    Like

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