DA now has LAPD’s findings in fatal shooting by off-duty ICE officer’s on New Year’s Eve

The Los Angeles Police Department has completed its investigation into the killing of Keith Porter Jr., 43, and presented its findings to the District Attorney’s Office, according to a statement from the District Attorney’s Office. Federal officials have said Brian Palacios, the off-duty ICE officer who shot and killed Porter on New Year’s Eve in L.A. was acting in self-defense.

Where things stand

In an emailed statement to LAist, a spokesperson for the District Attorney’s office said:

“The Los Angeles Police Department has presented this case to our office, and it is currently under review. Our experienced prosecutors will conduct a thorough analysis of all the facts and evidence to determine if we are able to prove a crime occurred beyond a reasonable doubt. Given the complexity of that process, it is difficult to predict a timeline for completion, and cases like this can take several months or more to resolve.”

What federal officials say

According to statements from federal officials, Palacios was off duty the night of the shooting. Federal officials and Palacios’ attorney have said he was acting in self-defense when he shot and killed Porter.

He was not named at the time. His identity became public through court record in an unrelated custody dispute.

In a statement released to the L.A. Times shortly after the shooting, Tricia McLaughlin, at the time a Department of Homeland Security spokesperson, said that Palacios had “bravely responded to an active shooter situation at his apartment complex” and was “forced to defensively use his weapon and exchanged gunfire with the shooter.”

Police said a rifle was recovered at the scene. Porter’s friends have said he was shooting a rifle into the air to celebrate the new year.

Why Porter’s family is pursuing a civil claim

Jamal Tooson, the attorney representing Porter’s family, said he has witness testimony contradicting federal officials’ allegation that Porter and Palacios exchanged gunfire. He’s representing Porter’s family in a tort claim against the federal government.

The claim letter sent to the federal government says that Porter was “attempting to peacefully return to his residence” when he was killed. The letter claims Palacios did not personally observe Porter firing a weapon, and that he failed to use de-escalation tactics before opening fire. “The use of deadly force was unjustified, unreasonable and without legal cause,” the letter reads.

Tooson said he expects the federal government to reject the Porter family’s tort claim. At which point, the family will pursue a civil claim, Tooson said.

Palacios on administrative duty

Authorities previously have said Palacios is still employed by ICE, and court records responding to the restraining order show he has recently been placed on administrative duty. ICE officials did not respond to questions about his current status.