The family of a Yorba Linda man shot dead by a Brea police detective last year has filed a lawsuit against the city of Brea, saying police used unreasonable force against Julian Collender.
The unarmed 25-year-old died after Detective Shawn Neel fired a single bullet from his .223-caliber rifle, according to official reports of the incident. Police say Collender had shone a light into Neel’s car and acted threateningly; Collender’s family said he simply was returning home from running errands when he was confronted.
“Julian was unarmed and was complying with the officers’ directions to surrender,” the lawsuit says about the June 30, 2010 incident. “The use of deadly force … was both unconstitutional and violated clearly established law that would have been known to any reasonable police officer.”
The lawsuit, filed recently in federal court in Santa Ana, seeks unspecified damages.
“The city believes it acted properly and intends to defend against the lawsuit vigorously,” said Craig Fox, assistant city attorney for Brea. Yorba Linda has a police-services contract with Brea.
The police say Collender had committed an armed robbery earlier in the evening and was acting threateningly toward the detective, shining a flashlight into Neel’s car before driving away and returning. When that happened, according to Neel’s statements to investigators, he pointed the gun at Collender and fired, he said, when Collender reached toward his left pants pocket. Authorities say Neel identified himself as a police officer and ordered Collender to surrender before firing.
The lawsuit contends Collender had neared his home in his car when a police car’s lights turned on.
“Julian stopped his car in the middle of the street and left his car,” the suit says. “In response to police commands, Julian stopped, turned, and raised his arms in the air.” Neel fired while Collender’s arms were in the air, the family’s attorneys say. The lawsuit does not specify whether this information came from witnesses or other sources.
After hearing the gunshot, Collender’s parents, Richard and Yen Collender, went outside, where they were handcuffed and detained by police, leaving cuts and bruises on their wrists, according to the lawsuit.
“For officer safety, persons in the Collender residence were handcuffed,” Fox responded. “The residence was later searched. The police located the weapon used in the robbery, as well as drugs and the property reported stolen.”
Collender’s family and supporters have insisted that he posed no threat to officers that night. A District Attorney’s Office report said there was “insufficient evidence” to show that Neel’s actions were criminal.
Collender’s death touched a nerve with the public, which flooded Yorba Linda City Hall during a City Council meeting one night to demand answers.
Members of the Collender family have staged several public protests and attended Yorba Linda council meetings, outraged by what they said was the unwillingness of authorities to release details of the shooting.
Contact the writer: 714-704-3796 or mmello@ocregister.com
