The Fontana Police Department has released body camera footage of an officer fatally shooting an unarmed 28-year-old Black man in February.
The release of the footage comes after the city of Fontana, California, agreed to pay $1 million to the family of Daverion Deauntre Kinard, according to The San Bernardino Sun.
The footage shows that Kinard was hiding in a portable toilet with a lighter in his hand that officers said they thought was a gun. Kinard’s family had previously asked that the footage of the shooting not be released to protect his dignity.
“The family recognizes the public and the media’s interest in obtaining and viewing the footage but would appreciate the family’s desire that the footage remain private in order to protect the dignity of Daverion,” the family and city wrote in a joint statement, The Martinsville Bulletin reported.
Police Chief Billy Green said on Thursday that the video was prepared by the department in order to “build and maintain trust with the community.”
On Feb. 13, Fontana officers responded to a report of a burglary at a home at around 10:30 p.m. A homeowner’s Ring doorbell had captured a suspect moving around the outside of the home before removing a window screen, leaving, then entering through the open window.
When police arrived, they spotted Kinard in the home. He ran out of the backdoor and a foot chase ensued for more than 1,000 feet before officers found Kinard in a portable restroom near a construction site.
Footage shows that an officer opened the door and saw Kinard sitting on the toilet.
“Hey,” the officer shouted, before Kinard lifted his left hand and moved his right hand. The officer closed the door to the portable restroom briefly then opened again and fired his weapon about two seconds after Kinard first moved his hand. The metallic object in Kinard’s right hand was determined to be a lighter.
According to a statement from the police department, “officers immediately rendered aid to Kinard until medical aid arrived. Unfortunately, Kinard was later pronounced deceased at the scene. No weapon was recovered from the scene.”
Kinard was on post-release community supervision after a conviction for burglary at the time.
The officer who shot Kinard has been identified as Johnny Tutiavake, who is still on the force. The shooting remains under investigation by the San Bernardino County Sheriff’s Department, San Bernardino District Attorney’s Office and Fontana Police Department.
Although California law requires that video be released within 45 days of a shooting by police or if force is used that causes great bodily injury, the city granted itself several 30-day extensions citing potential interference with ongoing investigations. The video could have been withheld for up to one year, as the chief cited concerns about potential unrest.
The $1 million settlement for Kinard’s parents, Kenisha Kinard and Amond Hawkins, was approved by the City Council in June after they sued the city and will be paid out from an insurance fund.
