SAN DIEGO – The father of Alfred Olango, an unarmed Ugandan immigrant fatally shot by an El Cajon police officer in September, filed a civil-rights lawsuit Tuesday against the El Cajon Police Department.
The suit was filed by attorney Rodney Diggs in San Diego federal court on behalf of Richard Olango Abuka.
The Union-Tribune reported that the lawsuit alleges “excessive, deadly force against his son.”
The suit was filed one week after District Attorney Bonnie Dumanis said her office will not seek criminal charges against Officer Richard Gonsalves.
Dumanis said an officer repeatedly told 38-year-old Olango to remove his hand from his pocket on Sept. 27, 2016, in the parking lot of a fast-food restaurant near Parkway Plaza mall, but Olango refused to comply.
After a second officer, Gonsalves, arrived on the scene, Olango suddenly pulled out what the officer believed was a gun, Dumanis said. Olango then assumed a shooting stance and made a motion, prompting the officer to duck then fire four shots, killing Olango.
The device that Olango pulled from his pocket turned out to be an electronic cigarette vaping device, Dumanis said.
“The cop had every right. Shoot or be killed,” one witness told investigators, Dumanis told reporters.
Dumanis said the use of deadly force by Gonsalves was “reasonable” under the circumstances.