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Tuesday, August 26

Examiner: Gay Pride cruise entertainer was shot in back by police

Source: San Diego Union Tribune, KOGO Radio, City Wire via 10news 
San Diego -- The man who was killed by San Diego Harbor Police during this year's Gay Pride festivities was shot in the back. A medical examiner classified his death as a homicide.

Steven Paul Hirschfield, a 37-year-old an actor and dancer from West Hollywood who had been hired to entertain on a charter cruise, was shot with a Glock 40 handgun loaded with .40-caliber hollow point bullets. The bullet entered Hirschfield's back, near the middle on the right side, and exited his upper right chest, according to the report.

"The cause of death is listed as gunshot wound of chest. The manner of death is classified as homicide," wrote Bethann Schaber, a deputy medical examiner, in the report.

The dead man's parents have filed lawsuits seeking $20 million from the harbor police department and the officer who fired the fatal shot.

Attorney Brian Claypool, who represents Hirschfield's family in the case, did not immediately return a telephone call from City News Service seeking comment on the final postmortem test results. He has scheduled a news conference for Wednesday.

In previous public statements, Claypool has countered the official version of the events that led to shooting, which he branded a "needless and unjustified execution" by a "renegade officer."

The lawyer also has suggested that the shooting may have stemmed from an "anti-gay sentiment."

According to the final toxicology report, examiners "detected the presence of methamphetamine, doxylamine, and trace ketamine in his blood." No trace of alcohol was found, the report said.

Hirschfield had no history of excessive alcohol or substance abuse, according to the report.

Hirschfield had been aboard the Inspiration, a charter vessel, on July 20. Police officials said he jumped overboard about 11 pm shortly after the cruise started in the San Diego Harbor.

The crew of the charter boat sent a rescue vessel to pick Hirschfield up, but Hirschfield refused to board it and began swimming toward shore, which was about 500 feet away, according to the document.

Responding to an emergency call, San Diego Harbor Police Officers Wayne Schmidt and Clyde Williams intercepted Hirschfield and, when he declined to get into their vessel, pulled him aboard, the report states.

Police have claimed that, after he was pulled from the bay, Hirschfield assaulted an officer with his own Taser and was trying to take Schmidt's firearm when he was shot by Williams.

Hirschfield was pronounced dead at 11:38 pm.

After filing $20 million in claims against the harbor police earlier this month, attorney Claypool contended that Williams killed Hirschfield without legal justification.

The family also plans on filing a federal civil rights lawsuit, claiming officers used "excessive force, battery and negligent training."

"The police officer who executed Steven Hirschfield shot him from behind," Claypool said when the suit was filed. "It is our belief, based on a witness account and information learned through the autopsy performed by the San Diego County coroner, that Mr. Hirschfield was not the aggressor and was not involved in a brawl with police officers prior to being executed by this police officer."

Schmidt has been with the San Diego Harbor Police Department for 5 1/2 years while Williams is a 20-year veteran of the force, KOGO Radio reports.

Schmidt and Williams are serving desk duty pending completion of internal investigations into the shooting, according to harbor police officials, City Wire reports.

Harbor Police have defended the officers. "We believe they acted appropriately," spokesman John Gilmore said earlier this month, KOGO Radio reports.

Source: Autopsy of dancer shot by police released | San Diego Union Tribune
Report: Man Shot By Harbor Police Was On Drugs | 10News (City Wire)
Gay Dancer Had Drugs in System When Shot by Police | KOGO Radio

Posted by NewsEditor on Aug 26 2008, 05:44 PM [Permalink]
Filed under: , ,


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