$20 million wrongful death lawsuit filed in LAPD shooting of man holding plastic fork

Family speaks out after man shot and killed by LAPD

A family is in mourning after 36-year-old Jason Maccani was shot and killed by LAPD. Bodycam footage shows him armed with a plastic fork. His family says Maccani was a gentle and generous person but was diagnosed with bipolar disorder.

LOS ANGELES - A wrongful death lawsuit filed Thursday in the deadly police shooting of a man holding a plastic fork, seeks $20 million against the City of Los Angeles and the Los Angeles Police Department.

The claim was filed by the wife and parents of 36-year-old Jason Maccani, who was shot dead by police on Feb. 3 in the 800 block of E. 7th St. The LAPD released body camera footage earlier this week of the deadly altercation.

Wrongful death lawsuit filled against LAPD

The family of a man who was fatally shot by Los Angeles police while wielding what turned out to be a plastic fork announced the filing of a $20 million damages claim against the department Friday.

Authorities said they were responding to a radio call regarding an "assault with a deadly weapon," by a man who was "under the influence and armed with a stick, threatening employees."

Police located Maccani and identified him as the suspect. They allegedly ordered Maccani to exit with his hands up.

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At the beginning of the video, you can see Maccani complying with the officers' orders. However, Maccani suddenly turns and moves toward the group of officers with an object clenched in his right hand.

Officers initially tried to subdue him with beanbag rounds, but when that didn't work, they resorted to shooting him. The LAPD says that Maccani grabbed a shotgun that one of the officers was holding, at which point another officer shot the suspect.

He was transported to a local hospital where he was later pronounced dead.

The lawsuit claims that "the involved Los Angeles Police Department Officer unjustifiably shot and killed Jason Maccani while he was holding nothing but a plastic fork and he did not pose an immediate threat of death or serious bodily injury to anyone, including the involved officers, at the time of the shooting."

"There were seven LAPD officers present during the incident and the involved LAPD officer used excessive and unreasonable force against Decedent when the officer fatally shot him. Further, none of the involved officers were physically injured during the incident, the Decedent never took any of the officers’ guns away from them prior to the shooting, and all of the officers had sole possession of their weapons at the time of the shooting and none of their weapons were about to be taken away from them at the time of the shooting."

FOX 11 reached out to the LAPD for comment on the lawsuit, and were told that the agency does not comment on pending litigation.