Family protests deadly police shooting

SAN DIEGO – The family of a Mira Mesa man shot and killed by police demanding justice from the San Diego County District Attorney Wednesday.

Screen Shot 2013-02-06 at 5.42.18 PMOn June 4, San Diego police were checking on a call that Victor Ortega allegedly punched and kicked his wife at their Mira Mesa home. When they arrived, Ortega ran off, police said.

A short pursuit ended with a scuffle and Officer Jonathon McCarthy opened fire on Ortega, his family told Fox 5.

McCarthy said it was a case of self-defense as Oretga was only cuffed on one hand and was reaching for a gun.Screen Shot 2013-02-06 at 5.42.59 PM

“We believe he was handcuffed behind his back when he was shot,” Ortega’s sister-in-law Naomi Campbell said.

According to his family, a newly released autopsy report shows Ortega was cuffed before he was shot. The report indicated cuff marks on both of Ortega’s wrists and his fingernails were clean. The Ortega family said this is a contradiction of the officer’s report.

Campbell and dozens of community supporters packed into District Attorney Bonnie Dumanis’ office Wednesday to delivery 1,000 signed letters and a petition in hopes she will prosecute McCarthy.

Screen Shot 2013-02-06 at 5.43.29 PM“I’m hopeful that they’ll do the right thing and take a fresh look at this case,” said Campbell.

“[Dumanis] assured us that her office is conducting an investigation that is independent of the investigation that is being conducted by internal affairs,” said family attorney Christine Denning.

SDPD had no comment Wednesday.

The family has filed a civil suit in federal court.  This was the family’s second visit to Dumanis’ office.