Saturday, November 22, 2014

Family Of Eureka Man Shot And Killed By Police Has Hired An Attorney

Thomas McClain, a 22 year old resident of Eureka Ca. was shot and killed by a Eureka Police Officer in his own front yard on September 17th. 2014. He was not accused of or involved in a crime

McClain was hearing impaired and was not wearing his hearing aid when officers approached him and ordered him to raise his hands. He was in possession of an unloaded BB gun which isn't against the law, and officers (seemed to be simultaneously) telling him to raise his hands and also to drop the gun which was in his waistband according to some early reports.  The District Attorney says that his office will not file charges against the officer since the officer did not appear to break any laws.

McClain's family has hired a lawyer to try to find out if there is something the police led investigation missed. The attorney is one of the two hired by the family of  Martin Frederic Cotton II who died in a Humboldt County Jail cell after being severely beaten by Eureka Police Officers and left do die without medical attention. The family won a 4.5 million dollar judgement against the city. 

Juniper Rose of the Times-Standard newspaper has a lot more on this.  


  1. Be fair.... tell the whole story from start to finish now....

  2. He was in possession of an unloaded BB gun which isn't against the law, and officers (seemed to be simultaneously) telling him to raise his hands and also to drop the gun which was in his waistband according to some early reports."

    Tom, I'm disappointed in you for making such uninformed statements and publishing as if factual unsubstantiated claims by family members. The only supposed direct witness was the female family member who took Tommy and her husband out to get drunk. The investigation has established her account is clearly not credible. Not only is she obviously very biased, probably was intoxicated herself, not in s physical position to have witnessed what she claimed she did, but she was caught red handed adamantly claiming facts proven to be completely false...such as that Tommy had no gun (BB or otherwise) on him but rather was only holding a cell phone. Furthermore, the DA's report and multi-agency investigation has referenced no info that the police gave contradictory commands to him. Wasn't there audio confirming this? Plus, research police training tactics and you will learn they would never tell a suspect to reach for a gun to put it's always "don't move, keep you hands up," and maybe get on the ground.

    Finally, you are dead wrong in your assertion that his carrying a extremely realistic looking (replica firearm) BB pistol was not illegal. Penal Code 20170(a) and (b)(8) makes displaying an imitation firearm in a public place a crime (and the subsection specifically lists a front yard as a public place for purposes of the law).

    You seem to have formed your strong opinions about the matter without having an open mind or taking the time to educate yourself...

  3. It sounds like you know a lot more about this than I do NomdeAlias. I have just grown tired of people with disabilities being tazered, beat to a pulp or shot and killed because they don't comply with the orders of police. This is becoming an epidemic in our country and I'm not sure what can be done about it. Just because you might be deaf, blind, have MS or be crippled doesn't mean police should be able to take your life because you don't comply with their demands. I'm not sure what the answer is but shooting everyone that doesn't jump when a cop says jump is not the answer.


  5. Displaying an imitation or replica firearm in a public place is an INFRACTION. It has a fine that is 20% of what running a red light is. I noticed that you did not include that in your diatribe, Officer, so I will.

    "20180. (a) Except as provided in subdivision (b), violation of
    Section 20170 is an infraction punishable by a fine of one hundred
    dollars ($100) for the first offense, and three hundred dollars
    ($300) for a second offense."

    Was it ever made clear that any of the officers ever reported to dispatch or were recorded saying that he had a weapon. Also, there was this little ditty,

    "The replica used by McClain was found on his body, Mills said, in the waistband of his pants.

    — Ryan Burns"

    Did he stuff it in there after being shot after displaying or exposing it? How does one do that? You tend to lose muscle control, when you are being killed by gunfire. I am sorry if the weapon was in his waistband that is not "openly displaying or exposing" you are allowed to do that. Thanks for playing 101 excuses of why it is OK to kill an innocent person in their front yard. You win nothing.

    1. That's right how did the cops not know if he possibly possessed a legal concealed carry permit.Like you said Tommy didn't pull the gun out nor did he point it at them,and did he even have his hand on the gun.I don't recall reading that in the report.I do understand a cop has a split second at times to decide whether or not to use deadly force,but these Eureka Cops are really becoming way too trigger happy,I think they need to start packing some bean bag rounds in there shotgun that would have dropped him dead in his tracks except Tommy wouldn't be dead.

  6. Finally, someone else has something to say about this atrocity. The people of Eureka have no idea how sick this is and how it infects the lives of everyone that lives in the county. Impunity infect everyone and is just as deadly as Linfoot. While Linfoot is the symptom, Gallegos and his supporters are the disease that infects everyone. Murder is against the law, no matter what form it takes.


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