Family of Carlos Mejia, who was shot and killed by Salinas police, prepare to sue city.

One thing the police and anti-police protesters in Salinas agree on: The video showing two Salinas police officers shooting 44-year-old Carlos Mejia on the sidewalk of Del Monte Avenue in East Salinas last week is horrific. 

The video, which has over 200,000 views on YouTube, shows two armed officers following Mejia down the sidewalk on May 20. As he turns toward them, at least five shots are fired. 

Mejia's brother, Jose Roberto Mejia, saw the video footage later that day. "He was a humble person, a worker," he says of Carlos. "People loved him because he worked hard."

The late Mejia, who worked as a gardener and day laborer in construction jobs, was carrying garden shears. Other angles and zoomed-in video presented by Salinas PD shows Mejia slashing at the police with the shears; Police Chief Kelly McMillin hasn't yet determined whether the shooting fell within protocol, as an internal investigation is still underway, but walked reporters through the video frames last week in an effort to explain the officers' actions. 

But those explanations don't sit well with Jose Roberto, who's retained famed civil rights attorney John Burris, known for his work in police brutality cases.

Burris filed a claim against the city of Salinas on Tuesday, alleging wrongful death, negligence, assault, battery and civil rights violations. No amount of damages has been specified yet, but Jose Roberto and other survivors, including an 8-year-old daughter, are seeking at least $25,000.

Burris intends to file a federal civil rights lawsuit. "The decedent is the third Latino male to be shot and killed by city of Salinas police officers since March under questionable circumstances," according to the claim. 

The claim goes on to state that Mejia's body was left on the sidewalk for hours after the fatal shooting: "Claimant believes this was done to intimidate the surrounding Latino community."

In an FAQ on its website, Salinas PD rejects claims of racial profiling: "In Salinas, 77 percent of the population is Latino. That means that, all other things being equal, nearly 8 out of 10 violent crimes would probably be committed by Latinos—just because nearly 8 out of 10 people in Salinas are Latino.

"In reality, more than 9 out 10 violent crimes are committed by Latinos. People don't commit violent crimes because they are Latino, of course. Mountains of research show that violent crime is much more likely in underserved neighborhoods, meaning neighborhoods that suffer from poverty, lack of services and lack of opportunity. In Salinas, those neighborhoods are much more likely to be Latino.

"So the small number of people who commit violent crimes are much more likely to come from underserved neighborhoods. That's what we see in Salinas."

Burris and Jose Roberto held a press conference Tuesday morning outside of Salinas City Hall, less than a week after family members of Osmar Hernandez, who was shot and killed by police officers while allegedly reaching for a knife, filed a similar claim for wrongful death. 

In both cases, police responded to 911 calls reporting threatening behavior. In the Mejia incident, he reportedly broke into a home, threatened to kill a woman and exposed himself, indicating his intent to assault her, and also attempted to strangle her small dog in the backyard. 

Burris paints a different portrait of the events leading up to the fatal encounter, which are not recorded on the viral video.

Mejia was looking for work cutting grass or pruning, Burris argues, and was defending himself against a viscous dog. 

Salinas City Attorney Chris Callihan says he is still reviewing the claim, and decined to comment. 

Burris also asked that all three officer-involved shootings this year be investigated by the U.S. Department of Justice. McMillin has pledged to hand over the results of SPD's investigations, all three of which are still ongoing, to the county District Attorney, then to the FBI, and finally to the DOJ.

In addition, DOJ today agreed to send Los Angeles-based Conciliation Specialist Marquez Equilibria to Salinas as a community facilitator next week (dates TBA). 

The conciliation specialist oversees "a federal conciliatory agency that assists with addressing community conflicts arising from differences of race, color, national origin and works with communities to help prevent and respond to alleged violent hate crimes committed on the basis of race, color, national origin, gender, gender identity, sexual orientation, religion, or disabilities," according to Equilibria as stated in a press release. 

Equilibria's facilitating services will be free and confidential.