MOTHER OF SHOT TEEN FILES CLAIM AGAINST THE CITY LAWYER: `SUBSTANTIAL' MONEY SOUGHT.

Byline: Beth Barrett Staff Writer

The mother of Devin Brown, the 13-year-old fatally shot by a Los Angeles Police Department officer Feb. 6, has filed a wrongful death claim against the city, her lawyer said Tuesday.

The claim by Evelyn Davis, required to be made prior to the filing of a lawsuit in state court, alleges LAPD Officer Steven Garcia was improperly trained and used excessive force in shooting at the teen inside a vehicle in violation of Brown's and Davis' civil rights.

The family's attorney, Brian T. Dunn, who is with attorney Johnny Cochran's law firm, said the claim didn't specify a dollar amount but it will be ``substantial.''

The claim, filed with the city clerk on Friday, was announced during a press conference at Bethel AME church, about four blocks from the intersection of 83rd Street and Western Avenue where Brown, who was unarmed and in the driver's seat, was shot about 4 a.m.

Police have said he was in a suspected stolen Toyota Camry and backed it into a patrol car after a pursuit.

Donna Jackson, the teen's aunt, said the family is devastated.

``There is now a void that can never be filled again.''

Dunn said firing into the car even once, as opposed to the 10 shots fired, would have constituted excessive force.

``At most, what we have heard is that he was driving a car that didn't belong to him. We don't have the death penalty for that,'' Dunn said.

The claim states: ``Both prior to and during the time in which he was shot dead, Devin Brown did not operate his vehicle in such a manner as to suggest to a reasonable officer that he had the will, or the ability, to inflict substantial bodily harm against any individual.''

The claim also states: ``Officer Garcia was not faced with any circumstances which would have led a reasonable police officer to believe that Devin Brown posed the risk of death, or serious bodily injury to any person.''

LAPD spokesman Lt. Paul Vernon said the department doesn't comment on pending litigation. The LAPD and FBI are investigating the shooting.

The Los Angeles Police Protective League lawyers representing the officers involved in the event aren't commenting because they're representing them in administrative proceedings.

City Attorney Rocky Delgadillo's spokesman Frank Mateljan said once the office receives a copy it will receive a ``full and thorough review.'' The office has 45 days to accept or reject the claim.

The claim also asserts Garcia was poorly trained to confront situations involving a moving vehicle.

Dunn said in an interview that Davis and other family members are doing ``terrible.''

``They are absolutely going through the worst tragedy they've ever gone through. The only thing keeping them together right now is the idea that somehow this little boy didn't die in vain, that this incident could help (reduce) the level of violence employed by police officers, to change their tactics on how they respond to these kinds of situations.

``They are holding on only to the idea that perhaps this young man's life could save other lives.''

Last week, the Los Angeles Police Commission at the urging of Mayor James Hahn adopted a policy that prohibits officers from firing into moving vehicles. Any officer who does so would be in violation of the policy, and the burden of proof would be on the officer to establish that the officer's life or another person's life was in immediate danger and there was no escape.

``We feel great about the new shooting policy,'' Dunn said. ``We're gratified the mayor, the chief and the Police Commission have taken such aggressive actions in response to this shooting.''

But Dunn also said the policy is only a first step.

``What we're truly striving for is this policy being implemented among the rank and file so the mind-set in the department is such that we're not a department that shoots into moving vehicles anymore.''

City News Service contributed to this report.

Beth Barrett, [phone]

beth.barrett(at)dailynews.com