Police Cleared in Death of Man in Riot

PASADENA â€”  Pasadena Police were not at fault in the death of a man who was fatally wounded last year while sitting in his apartment during a shootout between officers and alleged gang members at the height of civil disturbances after the Rodney G. King verdict, an investigation has determined.

The investigation by the Los Angeles County district attorney’s office concluded that police officers, who fired more than 100 rounds on May 2 near the intersection of North Los Robles Avenue and Claremont Street, were acting “in reasonable exercise of self-defense� at the time that Howard Eugene Martin was killed, Deputy City Atty. Lawrence Newberry said in reporting the findings to the City Council on Tuesday.

Martin, 22, was one of 59 people killed during the disturbances that followed the not-guilty verdicts in the state trial of four Los Angeles police officers accused of beating King, an Altadena resident.

Police said at the time that Martin had been standing on a balcony when he was hit by a ricocheting bullet from a police officer’s gun. But investigators, including sheriff’s homicide detectives, found that the bullet actually came through the wall of Martin’s apartment, striking him in the head and killing him instantly.

Martin’s family has sued the City of Pasadena and the Police Department for negligence.

Neither members of the family nor their attorney could be reached for comment on the findings of the district attorney’s report.

According to Newberry’s description of the county investigators’ findings, the shooting began after police were summoned to break up a late-night party attended by about 200 people. Revelers scattered through the neighborhood, throwing rocks and bottles at officers, Newberry said.

Members of a gang called the Pasadena Denver Lane Bloods then “took advantage of the circumstances to attack the police,� firing weapons at officers, Newberry said.

There were 47 officers at the scene, and 10 of them returned fire, Newberry said. Police were firing toward “muzzle flashes, or the sound of incoming rounds,� when Martin was struck, Newberry said.

“Mr. Martin was killed by a ricocheting bullet that went through the wall of his home and struck him squarely in his forehead,� Newberry said.

Although the lethal bullet shattered, investigators determined that it was a police bullet because of the direction of its trajectory.

“Investigators were able to determine the direction from which it was fired by looking at the hole (in the wall),� Newberry said.

Three police officers and a bystander sustained minor injuries in the incident, Newberry said. A police observer in a helicopter was struck by a bullet fragment, he said.

“The bullet went up through the floor, hit a metal object and shattered within the helicopter itself,� Newberry said.

The investigation--which involved interviews with 80 witnesses and examination of more than 100 pieces of evidence, including bullet fragments and shell casings--was completed about three months ago, Newberry said.

The district attorney’s office sent the report to the Police Department two weeks ago.

City Atty. Victor Kaleta said he expects to release the 890-page report next week. He would not allow reporters to look at it Tuesday because it contains names of confidential informants that must be excised, he said.

Police Cmdr. Donn Burwell said the findings would be turned over to the Police Department’s own use-of-force board to determine whether there should be departmental action against the officers who were involved.