A California family is hoping to get justice one day after Police Officer John Moody was cleared of wrongdoing by releasing the video of Ernesto Duenez Jr’s fatal shooting which occurred on June 8, 2011.
Ernesto Duenez Jr. was shot 11 times out of 13 in 4.2 seconds by Officer John Moody following being requested to get out of a vehicle as he sat in front of his home in Manteca, California.
“Drop the knife now! Hands up! Hands up, Ernie! Don’t you move, Ernie, don’t you move or I’ll shoot you,” Officer Moody can be heard saying.
Duenez tried to get out of a truck but got his foot stuck in the seat belt somehow as he climbed out.
Although the video seems to have been clipped and transitions, it can be seen in the film. It seems clear that while Duenez was stuck in the seat-belt, he did a sudden move to try to release himself.
Moody, 40, responded instantly without hesitation shooting Duenez not once to injure him, but pulled the trigger over a dozen times and Duenez was even shot while he laid on the ground, which is stated to have been allegedly cut from the video.
Duenez was shot once in the head, 8 times in the body and 2 times in the extremities with four being while he was on the ground.
In the dashcam video, the wife of Duenez, Whitney Duenez, can be seen panicking and then screaming as she picked up her dead husband’s body.
According to reports, police had allegedly responded to a domestic violence report.
The district attorney’s office in San Joaquin County ruled that Officer Moody was legally justified in shooting Duenez 11 times.
As for Duenez being armed, authorities stated that they did find an eight-inch throwing knife in the back of the vehicle and claims they don’t know how it would have moved from Duenez hand back to the vehicle.
Meanwhile, attorney John Burris, representing the family, has filed a wrongful-death federal lawsuit for $25 million against the Manteca Police Dept and Officer John Moody.
Burris, who obtained the video and released it, states Duenez was an unarmed man who tried to surrender to police and feels strongly that Moody should be held accountable just like anyone else who engages in barbaric conduct.
Officer Moody has returned to active duty after being cleared of any wrongdoing.