Man carrying water nozzle was shot 10 to 12 times by Long Beach police, family’s attorney says [Updated]

[For the record: A previous version of this post stated incorrectly that police ordered shooting victim Douglas Zerby to drop his weapon. Police had been observing Zerby before shooting him; they did not attempt to make contact with him and did not identify themselves to him, according to police and relatives.]

Long Beach police had ample time to identify themselves before firing fatal shots at a 35-year-old man holding a water nozzle, according to the findings of an investigation conducted the family's attorney.

Police fatally shot Douglas Zerby, 35, on Sunday when they believed he posed a threat to their safety. Zerby was carrying a metal-tipped water nozzle and pointed it at officers, authorities said. They believed it to be a gun.

At a news conference Friday in Long Beach, attorney Brian Claypool said it is inaccurate to describe the officer-involved shooting as a tragedy.

"The word tragedy suggests this was an unavoidable event," Claypool said. "It was not a tragedy; it was an ambush. This young man never had a chance."

He said his viewing of Zerby's body showed 21 holes -- 10 to 12 of which he believes were bullet-impact holes; the others were exit wounds.

Claypool said there were three wounds flush down Zerby's chest, which leads him to believe that Zerby was not stretching his arms to point the nozzle at officers.

He said Zerby's body also was found leaning against the banister, leading him to believe that Zerby was not being aggressive and already was incapacitated when the shots were fired.

"That area looks like a shooting range," Claypool said. "It was target practice on Dec. 12, 2010, target practice for the Long Beach Police Department."

Zerby's family said it believes he was intoxicated and had stopped at his friend's house instead of driving home. He was sitting on the stoop waiting for his friend when neighbors spotted him and called 911 because they thought he was armed with a gun.

Claypool said his four-day investigation -- based on the scene and witness reports -- showed that officers had ample time to identify themselves to Zerby and determine that he was not holding a real gun. He said they also had enough time to ask neighbors if they recognized him.

Claypool said he believes there were at least five to six officers on the scene and that three probably shot Zerby. Some shots were fired as close as 12 feet away, he said, from positions of protection behind brick posts.

Police two rounds were fired from a shotgun and six were fired from a handgun.

Claypool does not believe Zerby even knew the officers were there. He said witnesses told him that police made a noise "and that's what triggered Doug Zerby to turn toward the officers and that turn is what caused them to open fire."

The family is planning a lawsuit that alleges wrongful death, negligence and battery. Claypool said the family hopes to make police training reforms as a result of the suit.

"Lethal force being utilized was unnecessary," said Eden Marie Biele, Zerby's older sister. "The things that the Long Beach Police Department are saying are not corroborated by what the scene is saying nor by what Douglas' body is saying ... things are not lining up.... I think in this situation and in this incident there were other steps that could've been followed that would have resulted in a very different outcome."

-- Nardine Saad

Photo: Reacting as the family's lawyer shares the results of his investigation into Douglas Zerby's death are, from left, his youngest brother, Christopher; Stephanie Sentell, the mother of his child; his father, Mark; and his sisters, Eden Marie Biele and Heather Woodland. Credit: Christina House / For the Los Angeles Times

Comments

[Streets]

Wonder how many times he was shot in the back by those hero's?

[Trigger Happy]

OK i could maybe understand 1 shot to wound him and bring him down but 10 to 12 shots? thats a lil overkill for one guy...

[Paul Espinoza]

Legally getting away with murder.... in the name of "security" and "in fear of..."

[Hipockets]

How many buckshots in one load?

[westsidejesse]

Why is it that most, not all but most, are over kill when is a a police involed shooting?

Hear about the Torrance cops that were cleared of any wrong doing about 6 months ago after they killed a man with a knife?

over 50 bullets were shot at him...FIFTY.

Yet it continues to happen...day in and day out.

[Noel]

whose water nozzle was that anyway?

[Robert Lambert]

Sigh...this is another unfortunate tragedy that will result in a taxpayer funded wrongful death settlement.

The Times posted a picture of the family so we were spared the flood of posts from Latinos and African-American posters claiming racism and police brutality.

Yes, police make mistakes with Caucasians as well. Cops deal with the scum of the earth on a daily basis and fear oftentimes causes this type of tragedy. At least this time we can be assured there won't be violent demonstrations or riots.

[Astonished]

Isn't it amazing how much information this attorney has and how much of it he is willing to spread in the media? To turn the public his way perhaps?????

[Me]

"Police training reforms"? Please. They just want to cash in and get rich because their drunk relative did something stupid and died as a result. You can almost hear them singing "We're gonna get PAAIIDD!"

[Crazy Horse]

No great loss.

[Mufon]

Admittedly, great staging, and look at the posters, salivating at the shyster's dialogue: "ambush," "shooting range," "target practice," "never had a chance." Weren't the police called because this drunken guy was pointing the nozzle like a gun?

But let's all remember, "it's not about the money." I didn't see that in the article, but I'm sure that's pending.

[Archie Waldron]

The "rules of engagement" in some combat zones require stricter use of lethal force than the police use against fellow Americans.

How can people not demand reform?

[Charles Grandison Finney]

Why did he point it at the officers? Why? Why? Would you do that?

[bob cuomo]

Sounds as if these cops just may have been a bit too eager for some action...or maybe they all were in a very bad mood for some reason. They fired 10 to 12 shots...at a guy holding a water nozzle? Wow, that's impressive police work...not.

[Perry Yoshida]

I WOULD OF SHOT HIM TOO. IF HE'S DUMB ENOUGH TO POINT ANYTHING AT A COP HE GOT WHAT HE WANTED.

[solid]

Unfortunate but completely avoidable. Don't let your loved ones wander the streets while intoxicated. Also, once someone is believed to be armed, you must meet that threat with superior firepower to ensure survival. I wish the neighbor hadnt told the cops it was a gun.

[iletastinky]

If he did not put himself in that situation, he would not have been shot. I am so tired of people waving the "Victim" flag when they bringt this on themselves. Nobody is glad this man is dead, but he was looking for trouble, and found it, unfortunately at the hands of these fine officers.

[Rick Pollock]

"Police have said they ordered Zerby to drop the weapon because they believed he posed an immediate threat." What??? Helloooooo!!! The Long Beach Police clearly acknowledged they DID NOT order him to drop the weapon or exchange any verbal communication with him. This is kind of an important mistake in your article--it needs to be revised.

[obama]

U people are ignorant. First of all don't point anything that looks like a gun at cops or anyone else, second 2 cops can fire 20 rounds in 10 seconds. U don't shoot once and hope u got him, u make sure u got him so he doesn't get you. Liberal hippies, that's why your state is screwed up and broke, you feel bad for criminals and illegals and expect government handouts.

[u know]

LOL. The family's attorney completed his investigation in 4 days??? He "thinks" 3 officers fired??? The Coroners report wont be done for months....what an ambulance chasing hired whore. I bet if he was hired by one of the officers involved in the shooting his "investigation" would reveal a completely different outcome.

It's all about the money he is trying to get out of you and I...the taxpayers.

[david jennings]

The cops really do "have the right to kill".I think sometimes,they just do it because they can.Thats scary,but these really are people out there every day,with guns,that can kill and get away with it.We even had a President who committed mass murder,by sending our boys in,to vindicate his father.Sadam Husein tried to kill George bush Sr.who by the way,was the CIA head at one time.Go figure.But you didnt even SEE this angle,portreyed in the media.Wow!What shear power affords!!!

[Andy K]

Cops shoot to kill to save their lives, this isn't a wild west movies, they don't shoot to wound or frighten, if they believe their lives were in danger. Let the investigation take place.

[Sal Osio, Sr.]

Unbelievable! Worse than TJ.

[Linda G]

Good job LBPD! As usual everyone knows how to do the job but doesn't. They all want to criticize...yet whats new

[me again]

Lets not forget that each round from a shotgun has 9 small bullets. It's amazing how this Lawyer is trying to make the cops look as though they just fired at will. Why do they keep referring Mr. Zerby as a victim, when in fact he was a suspect who someone called on. For the family, Sorry for your loss but Zerby caused his own death by showing up at a friends house drunk and playing with a nozzle that no doubt looks like a .32 cal pistol. Police dont get payed to wait to see and verify if a raised pistol, or hose nozzle is loaded. One last thing, Police are NOT obligated to sound off when confronting any armed person.