Family files claim in shooting by deputy
The parents and daughters of Niani Finlayson, the 27-year-old mother of two who was shot and killed Dec. 4 at her Lancaster apartment after she called 911 for help with a domestic violence incident, filed a $30 million governmental claim Wednesday against the Los Angeles County Sheriff’s Department and the county alleging wrongful death, assault, battery and civil rights violations.
Finlayson called 911 for help after her former boyfriend allegedly strangled her and hurt her 9-year-old daughter, Xaisha Davis. She also had a 2-year-old daughter, Xyla Cotton.
“Niani had been given a knife to try to protect herself from this man that was accused of attacking her,” attorney Brad Gage said during a press conference Thursday morning at his Woodland Hills office.
A governmental claim is a precursor to a lawsuit.
Deputies from the Lancaster Sheriff’s Station were called about 6 p.m. Dec. 4 to the 2100 block of East Avenue J-8 regarding a domestic violence incident between a man and a woman, according to a report from the Los Angeles County Sheriff’s Information Bureau.
The woman was armed with a large kitchen knife and made verbal threats indicating that she was going to use the knife to harm the man, the bureau said. When the woman approached the man with the knife, a deputy opened fire, hitting her. She was transported to a local hospital, where she died. Only one deputy was involved in the shooting. A knife was recovered at the scene.
According to Gage, the deputies who responded were outside of a locked, sliding
glass door.
“Had they taken a moment to investigate, they would have realized that that knife was given to her as a means of self-defense from a man who was out of control, who was doing the unimaginable, or the unthinkable and the unforgiven, harming a woman and child,” Gage said.
Gage disputed the sheriff’s department account of the incident. He also called for Finlayson and her daughter’s alleged attacker to be prosecuted.
Gage and Cancel the Contract Antelope Valley activists identified the deputy who shot Finlayson as Deputy Ty Shelton. The sheriff’s department has neither confirmed nor denied the name of the deputy involved.
“This is a tragedy that never should have happened,” Gage said. “Niani called 911 to be safe, not to be killed.”
Finlayson was sitting on the ground and shot in the back, Gage said. Niani was allegedly shot four times in the back.
“We had a good life,” said Lamont Finlayson, Niani’s father. “We ate together and prayed together, went places together, shopping, park, museums, beautiful child, beautiful mother, beautiful grandkids. And so to get a call, 3:28 in the morning, the worstest call you can ever get in your life, your daughter, deceased, just breaks me to my bone. I can’t eat; I can’t sleep; I can’t walk; I can’t talk.”
He added, “We are here for justice to be served and for justice to be done.”
“I hate having to say that our daughter’s gone; it’s just so unfair,” said Tracie Hall, Niani’s mother. “For such a loving, caring, a wonderful, wonderful, mother to just be gone. I don’t get to say goodbye. I know she knows I love her, but I need to say it.”
Hall is now raising her granddaughters, Xaisha Davis and 2-year-old Xyla Cotton.
“I’m going to do my daughter proud; I’m going to do my best,” she said. “Niani was so cheerful, her smile was so beautiful. I just miss her smile.”
Niani’s older daughter, Xaisha Davis, witnessed the shooting.
“She was my best friend. We had worlds of fun,” Xaisha said. “She was always there for me; it’s very unbelievable that she’s gone and not coming back.”
She added: “I have my moments to cry; I have my moments to think about her. I have my moments to say I miss my mom and I want her to come back.”
“This is such a tragic case at such a horrible time of the year,” Gage said. “We really hope the sheriff’s department will release the body-worn cameras. We understand they’re supposed to be available in early January.”
According to the claim, Shelton allegedly has 15 complaints against him for excessive force including five deputy-involved shootings.
Saidah Gray, communications director for Cancel The Contract Antelope Valley, said the activist group wants Shelton to be fired and prosecuted.
“We will not accept him being transferred to another city to do this someone else’s family,” she said.
The activist group also called for the full body-worn camera footage to be released from all deputies present at the incident.
“The department has not officially received this claim but takes all deputy-involved shootings seriously,” the sheriff’s department said in a statement Thursday.
“In the effort of transparency, the department will be releasing the body-worn camera footage of the incident by next week, which is earlier than the required timeframe. With any deputy-involved shooting there is a robust review process, which includes the Office of Inspector General, where every aspect of the shooting is thoroughly examined and evaluated to see if Department policies and procedures were followed. Additionally, the Los Angeles County District Attorney’s Office, Justice System Integrity Division, conducts a legal analysis to determine whether any criminal charges will be filed and if the shooting was legally justified. The department is deeply committed to protecting our diverse communities without bias and prejudice.”