The family of the 19-year-old who was fatally shot by Pleasanton police last weekend are demanding an apology after alleging the man's mother was handcuffed at gunpoint during a search at her San Jose home, according to the family's lawyers.
John Deming Jr., a San Jose resident, was found inside an antique car dealership on First Street in Pleasanton early Sunday morning. Pleasanton police said officer Daniel Kunkel fatally shot Deming after the 19-year-old beat Kunkel to the point where the officer feared for his life.
Kunkel, who has been an officer eight years and was with Antioch police before joining PPD, remains on administrative leave while the investigation continues, Pleasanton police Lt. Jeff Bretzing said.
During the altercation, Deming was Tased several times and hit with non-lethal beanbag rounds, but he continued to run around the showroom of Specialty Sales Classics in Pleasanton, according to Bretzing. At the time he was shot, Deming was on top of the officer, punching him repeatedly to the point Kunkel passed out, according to the lieutenant.
After the fatal shooting, Pleasanton police went to the home of Linda Deming, the 19-year-old's mother, Bretzing said.
A search warrant was issued to Robert Shuffield of PPD by Judge George Hernandez of the Alameda County Superior Court, according to the warrant released to the media by Deming family lawyers.
The warrant stated it was issued for officers to search for drugs likely to cause "psychotic behavior," burglary equipment, journals, laptops, cell phones, other electronic equipment and any documents that link Deming to the auto store where the shooting took place.
The Deming family lawyers, of the firm Geragos & Geragos, allege officers handcuffed Linda Deming and held her at gunpoint while the search was completed.
She was not shown the search warrant, and only after the search was complete was she notified that her son had been killed, according to her attorneys.
The family attorneys said Deming's father, who has been a reserve officer at the Oakdale Police Department for nine years, received a call from a sergeant of PPD, saying the department would "get to the bottom of this."
John Deming Sr. was told all Pleasanton officers had police-issued body cameras, according to family lawyers.
Bretzing told the Pleasanton Weekly on Tuesday that while the department had recently purchased body cameras, not all of them were installed yet. Kunkel was not wearing a body camera when the shooting happened.
Deming Sr. was also told by the sergeant that surveillance footage filmed the shooting, according to the lawyers, who did not reveal the sergeant's name.
Bretzing said surveillance footage did not film the shooting since cameras only filmed the inside of the building. He said no other officers witnessed the shooting.
A follow-up request to Bretzing for comment about the new allegations from the Deming family had not been returned as of early Wednesday evening.