A Yucca Valley man who was shot by a Sheriff’s deputy after he pretended to throw a rock at the deputy has filed a $10 million claim against San Bernardino County. Just after 4:30 p.m. October 23, deputies were at Tortoise Rock Casino in Twentynine Palms when they saw Joseph McLaughlin, 31, of Yucca Valley leaving the casino. Deputies recognized McLaughlin as a parolee-at-large with a felony arrest warrant and tried to detain him. Video from the casino shows McLaughlin running into the desert. As Deputies Kyle Smit and Adan Ochoa closed in, McLaughlin picked up a rock and pretended to throw it at Smit, before turning and running away again. Smit then fired seven shots at McLaughlin, who was struck in both shoulders and his right forearm. An audio recording from Smit’s belt recorder captures McLaughlin asking why Smit shot him, with Smit then asking why McLaughlin picked up a rock, at which time McLaughlin apologized. Smit then says he is calling for medical aid for McLaughlin. McLaughlin’s claim against the county—which is a precursor to a lawsuit—says he did not receive medical aid in a timely manner and that the charge against him—assault against a peace officer—is unwarranted, since he never threw the rock. Joseph McLaughlin will appear in the Joshua Tree court Wednesday, December 2, for a pre-trial hearing on the assault charge.
WARNING: VIDEO CONTAINS STRONG VIOLENCE AND STRONG LANGUAGE
