California deputies chased an unarmed Black man through a parking lot and shot him dead in January, with additional shots striking him in the back after he was already face down on the ground with his arms by his side, according to a lawsuit filed this week.

San Bernardino County sheriff’s deputies said they were serving a warrant for Jaque “Queque” Rabon, 23, when he fled on foot. They said he repeatedly reached toward a fanny pack or bag worn around his body, causing them to fear he had a weapon.

But the bag contained only his identification and cash, his sister, Makyla Brown, told The Press-Enterprise earlier this year.

‘You Can’t Shoot Someone for Having a Bag’: Family Sues After California Deputies Kill Unarmed Black Man Carrying Fanny Pack
The parents of Jaque “Queque” Rabon who was unarmed when he was shot and killed by San Bernardino County sheriff’s deputies have filed a wrongful death lawsuit. (Photo: gofundme.com/f/honoring-jaque-rabon-fight-for-justice and bodycam)

Federal Lawsuit

Rabon’s parents, Tyesha Moody and Robert Rabon, filed the federal lawsuit Monday. They accuse deputies of shooting their son without warning and failing to render timely aid after shooting him. The lawsuit refers to the officers as “Doe Officers” rather than by name.

“While Mr. Rabon moved away from DOE OFFICERS, Mr. Rabon raised his hands in the air, at which point DOE 1 fired multiple gunshots at Mr. Rabon while Mr. Rabon was not facing any officer,” the complaint states.

“DOE 1’s gunshots struck Mr. Rabon, causing him to fall to the ground.

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“While Mr. Rabon was lying on the ground, already struck by DOE 1’s gunshots, DOE OFFICERS approached, surrounded Mr. Rabon, and fired additional gunshots at Mr. Rabon,” the complaint continues.

“Most or all of these gunshots were fired at Mr. Rabon’s back while he lay chest-down on the ground, with his hands visible at his sides.”

Watch the video below.

‘Deputies Shot Him 20 Times’

The San Bernardino County Sheriff’s Department described Rabon as a “documented gang member” wanted on a felony warrant connected to allegations of robbery, assault with a semiautomatic firearm and possession of a firearm by a convicted felon.

On Jan. 22, the day of the shooting, deputies said they received two calls reporting that Rabon had threatened to shoot someone in Riverside County, just south of San Bernardino County.

Three plainclothes deputies in unmarked vehicles approached Rabon in a shopping-center parking lot and ordered him to put his hands up.

The video shows Rabon raising his hands before he runs.

“Get him! Get him! Get him!” a deputy yells while chasing Rabon as two other deputies join the foot pursuit.

“Stop reaching!” the deputy yells.

Last month, the sheriff’s department posted a critical incident video on YouTube defending the shooting. The video freezes body-camera frames showing Rabon holding the bag while running, which the department said indicated he was reaching inside it. But officers found no weapons in the bag.

“Based on information and belief, after DOE OFFICERS discharged their firearms and became aware of Mr. Rabon’s deteriorating physical condition, DOE OFFICERS waited several minutes before summoning paramedics to render medical care, and further delayed paramedics’ access to Mr. Rabon upon arrival,” the complaint states.

“Mr. Rabon died as a result of his injuries caused by DOE OFFICERS.”

The deputies fired 20 rounds, Dale Galipo, the attorney representing Rabon’s parents, told KTLA. Public reporting distinguishes that figure from the number of times Rabon was struck.

“Many people have bags when they’re shopping or in front of shopping centers, and you can’t shoot someone for having a bag or reaching into a bag,” Galipo said.

Rabon’s mother said he was struck 11 times in the back, according to her Go Fund Me.

‘Failure to Provide Timely Medical Treatment’

The wrongful-death lawsuit accuses the Sheriff’s Department and San Bernardino County of excessive force, denial of medical care, interference with the parents’ familial relationship, three forms of municipal liability, battery, negligence and violating California’s Bane Act.

The Bane Act allows people to sue when someone interferes with state or federal civil rights through threats, intimidation, coercion or unconstitutional excessive force.

“Defendants DOE OFFICERS knew that failure to provide timely medical treatment to Mr. Rabon could result in further significant injury or the unnecessary and wanton infliction of pain, but disregarded that serious medical need, causing Mr. Rabon’s death,” the complaint states.

“The conduct of Defendants DOE OFFICERS was willful, wanton, malicious, and done with reckless disregard for the rights and safety of Mr. Rabon and therefore warrants the imposition of exemplary and punitive damages as to Defendant DOE OFFICERS.”

The California Department of Justice is still investigating the shooting.

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