- Associated Press - Tuesday, July 28, 2015

LOS ANGELES (AP) - A judge’s decision to release videos of police in suburban Los Angeles shooting and killing an unarmed man will not be put on hold while the ruling is appealed, a federal appeals court decided Tuesday.

A panel of the 9th U.S. Circuit Court of Appeals declined an emergency motion by the city of Gardena to stay the July 14 ruling by federal Judge Stephen Wilson.

The panel said the motion is moot, though it did not elaborate.

The footage already has been released to media organizations that sought it and has circulated widely online. Wilson said the public had a right to see the footage.

The videos shot from police-car cameras show the 2013 shooting of Ricardo Diaz-Zeferino and a second man by Gardena police. In the videos, Diaz-Zeferino has his palms open at waist-level when officers shoot him eight times. He died.

A second man with his hands up, Eutiquio Acevedo-Mendez, survived a gunshot wound to the back.

The footage shows Diaz-Zeferino’s right hand go out of view at his waist when they began shooting. Officers said they feared he was reaching for a weapon.

Gardena paid $4.7 million to settle a lawsuit with Diaz-Zeferino’s family and Acevedo-Mendez.

Gardena had argued that releasing the videos would dissuade cities from employing camera technology and create a rush to judgment about the officers’ behavior.

It is appealing Wilson’s decision, though it acknowledged in court papers that the emergency stay order was moot.

A call to an attorney representing the city was not immediately returned.

In its decision Tuesday, the 9th Circuit said it was not expressing any opinion on the merits of the city’s appeal by denying the emergency stay motion.


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