LAPD cop, Instagram model sued by daughter of man she shot deadJuly 18, 2020
A part-time Instagram influencer and full-time LAPD cop is being sued by the 14-year-old daughter of the man she shot and killed in downtown Los Angeles.
Toni McBride, 23, nicknamed “Top Shot” for her sharpshooting skills, is facing two lawsuits from the family of Daniel Hernandez, 38, who approached her with a boxcutter on April 22.
Hernandez’ unnamed daughter filed her wrongful-death suit July 10, about a month after the LAPD released disturbing footage from McBride’s body-cam.
The comely cop, who has posed for magazine covers and has 67,000 social-media followers, spends time alongside celebrities like James Cameron, Keanu Reeves, Michael B. Jordan and Chris Hemsworth at a Simi Valley gun range where Hollywood stars often do weapons-training for movies.
But her encounter with a shirtless, possibly high-on-meth Hernandez at the scene of a traffic accident turned into a real-life, deadly drama.
In the LAPD video released June 6, McBride is seen responding to a 911 call of a man trying to stab himself at the scene of the three-car crash.
McBride can be seen drawing her gun and instructing two motorists to leave their cars and step away from their vehicles.
Daniel Hernandez then appears in the frame walking toward her in the middle of the street, holding what appears to be a boxcutter in his right hand.
“Don’t move,” McBride is heard ordering him, gesturing with her left hand to stop approaching her.
McBride is heard telling Hernandez to “drop the knife” four times, but Hernandez keeps moving in the cop’s direction, walking with an unusual gait, arms held out to his sides at waist level, still grasping the weapon.
She then opens fire, shooting Hernandez, who was about 30 feet away, twice. He falls to the pavement on his side, but immediately kneels to get back up, and she fires four more rounds.
“I feel like [McBride] was set to kill. There was no attempt to deescalate whatsoever,” Marina Vergara, Hernandez’s older sister, told Los Angeles Magazine.
The lawsuit claims “Hernandez posed no threat or danger to anyone and none to McBride in particular.”
Family members of the flooring-installer argue that McBride was too quick to shoot at Hernandez, who was at least 30 feet away from her and not near bystanders.
An autopsy showed Hernandez had methamphetamines in his system, the Los Angeles Times reported.
McBride attorney Larry Hanna has argued that she was simply following protocol.
“She put her body in front of the citizens who were there and kept telling Hernandez to stop,” Hanna told NBC. “She put out her hand, she did everything she could.”
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