Justices rule ex-officer may be sued in '20 killing

High court rejects bid to block litigation over fatal shooting of knife-wielding suspect.

- By DAVID G. SAVAGE

OFFICER Toni McBride repeatedly told the suspect to "drop the knife."

The Supreme Court refused Monday to block an excessive force lawsuit against a former Los Angeles Police Department officer who shot and killed a knife-wielding man whose speeding truck had slammed into several cars near downtown Los Angeles.

The court turned down an appeal petition from the Los Angeles city attorney’s office, over the objections of Justices Clarence Thomas and Samuel A. Alito Jr.

Litigation over the six-second shooting incident has extended over six years.

Federal judges in California agreed that Officer Toni McBride had reason to fire four shots at the suspect in April 2020 but not the two final shots that killed him.

Daniel Hernandez was alleged to be under the influence of methamphetamine when he got out of his truck and walked toward the officer. She repeatedly ordered him, “Drop the knife,” as he approached.

But the 9th Circuit Court of Appeals, by a 6-5 vote, ruled last year that a jury could decide the officer went too far when she fired two final shots after the suspect had fallen to the ground.