Family of man shot by police seeks federal probe

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Updated: 12/12/2012 7:52 pm

OAKLAND, Calif. (AP) — Relatives of a parolee shot and killed by a police officer in Central California are asking federal authorities to step in over their claims the shooting was illegal.

The family of Ernesto Duenez said Wednesday that they are seeking federal prosecution against Manteca police Officer John Moody after the San Joaquin County District Attorney's office determined Tuesday that Moody's shooting of Duenez in June 2011 was justified.

San Joaquin County investigators said the officer's in-car video unit showed the 34-year-old Duenez was armed with an 8-inch knife and was told repeatedly by Moody to put the weapon down before he was shot.

But in showing the video to reporters Wednesday, the family's attorneys, John Burris and Ben Nisenbaum, said that Duenez did not have a weapon.

Manteca police and the San Joaquin DA's office did not immediately return calls seeking comment about the family's claims.


©2012 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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