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Ernest Foster jr, 37
Indio, California
July 04, 2013

Last updated: 7 months ago

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A fleeing man who Indio police fatally shot two years ago was carrying a gun and twisted his body as if to point it at a pursuing officer in the moments before he was shot, a newly released case file shows.

The law enforcement documents detail the shooting from the perspective of both the officer who pulled the trigger and several witnesses.

Ernest Foster Jr., 37, was killed during a foot chase near Highway 111 and Monroe Street on July 4, 2013. His family filed a $5 million lawsuit against the Indio Police Department in June, claiming there was no justifiable reason to shoot Foster. However, witness statements — now public for the first time — support the police account of Foster’s death.

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June 2015 Lawsuit filed