Father of man shot to death by Pasadena Police files legal claim against the city

PASADENA, Calif. - The father of a man who was fatally shot by Pasadena police following a traffic stop announced Thursday the filing of a damages claim against the city, a precursor to a lawsuit.

“He was not a threat” claim attorney's representing the father of Anthony McClain.

The 32-year-old was a passenger in a vehicle stopped by Pasadena Police on August 15, for no front license plate. The driver cooperated without incident, saying the plate had fallen off. McClain got out of the passenger side and bolted. One of the chasing officers shot his gun twice, hitting him in the back. He was transported but declared dead at the hospital.

“I don’t see why they had to shoot him in the back,” said Archie Barry, McClain’s father. 

Police insist that McClain had a gun, and the officers feared for their life. Barry’s attorney's call that a lie and showed images from the body camera video worn by officers, saying the shiny object on his waist is his belt buckle.

Anthony McClain

"The evidence will show you Anthony McClain was unarmed," attorney Michael Carrillo said. "And what we're saying too is that we believe that whatever weapon was recovered by the city of Pasadena was not actually Anthony McClain's. That's why we're calling on the Attorney General's Office to investigate the Pasadena Police Department and really conduct an independent investigation about the shooting and what really happened to Anthony McClain."

Investigators say they have a witness who saw him with the gun as he ran. 

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Those who knew McClain say that he was staying out of trouble, and concentrating on spending tie with his two young children, since his release from a robbery conviction. 

A growing vigil of candles and Black Lives Matter posters mark the locations where the car was stopped, and where he fell after being shot. There have been protests at the site, and more are expected. 

The claim seeks unspecified damages. If the city denies it or fails to respond, the family can file a lawsuit.