A climbing vine-climb victim who was the target in a California drug raid is not the one shot in the back by officers, according to an attorney for the victim’s family.
José Antonio Silva, 27, was shot in his hand, arm and knee in February while climbing a climbing vine in San Diego, according an attorney representing the victim.
The California Department of Justice (CDJ) said on Thursday it is investigating the shooting, which was captured on surveillance video.
The incident is the latest in a series of incidents in California in which authorities have been accused of targeting the homeless and others with questionable charges.
The Los Angeles Police Department said in March it had a record of using “suspicionless” force against people they believed to be homeless.
Last week, an audio recording surfaced of an officer who allegedly used excessive force on a man with a mental health condition.
The CDJ did not immediately respond to requests for comment on Thursday.
Silva, a Los Angeles native who grew up in Mexico, said in a statement that he was not a target because he had been walking his dog.
“I didn’t do anything wrong,” he said.
“The man who pulled the gun was my neighbor, so I’m very glad that I didn’t get shot,” he added.
A recording of the shooting was released in January by the attorney representing Silva’s family, Juan José González.
In it, the attorney said Silva was approached by two officers and told to drop his climbing vines.
“He didn’t comply and he kept on climbing,” Gonzáles said.
“The officer then pulled his weapon on him, pulled out his Taser and fired a single shot.”
Silva was taken to a local hospital, where he underwent surgery for a fractured hand, broken bones in his foot and an internal injury, according the attorney.
González said in the recording that Silva was not shot because he refused to drop the vines and that Silva had a warrant out for his arrest.
The recording shows Gonzáls attorney saying the man had a Taser.
The San Diego County District Attorney’s Office did not respond to a request for comment.
The LAPD said in an email to CNN that it had not received the recording.
“In accordance with department policy, the department is not releasing audio or video recordings,” the statement said.
The Los Angeles County District Attorneys Office said it was reviewing the matter.
Silvas family attorney, Alex Pascual, told CNN on Thursday that the incident did not change the law or the culture at the agency.
“If you are a person who is homeless, you are not going to go to jail,” he told CNN.
“It’s going to happen to everybody.”
The case is just the latest incident of a police officer mistreating someone who has been arrested.
Last year, a police shooting of a homeless man in Albuquerque led to widespread protests.
A judge later ruled that the officer should have been disciplined.