Daverion Kinard's Family Asked Police to Withhold Body Cam Footage to Protect His 'Dignity'

The family of Daverion Deauntre Kinard, an unarmed man who was fatally shot by Southern California police searching for a burglary suspect in February, requested that body camera footage of the incident not be released to the public, the Associated Press reported.

The city of Fontana, California, settled a lawsuit by the family for $1 million, the Press-Enterprise first reported. Kinard was killed February 13, the day before his 29th birthday.

"The family recognizes the public and the media's interest in obtaining and viewing the footage but would appreciate the family's desire that the footage remain private in order to protect the dignity of Daverion," the family and the city wrote in a joint statement.

Fontana police released the footage, narrated by Chief Billy Green, from the fatal shooting. Green said Kinard was holding a "metallic object," which police later learned was a lighter, while sitting on a portable toilet.

For more reporting from the Associated Press, see below.

State law requires law enforcement agencies to make public footage of police shootings within 45 days. Fontana delayed the release, citing the ongoing investigation and other factors, the Press-Enterprise reported. Green did not immediately respond to AP's request for comment Friday.

Officer Johnny Tuitavake, who was identified in the settlement, was sworn into the department in February 2019, according to city council documents. The Press-Enterprise reported that he remains on duty.

The shooting remains under investigation by the San Bernardino County District Attorney's Office to see if any criminal charges will be filed. The Fontana police are conducting an internal review to determine if departmental policy was followed.

Fontana is 55 miles (89 kilometers) east of Los Angeles.

In the video—which includes a 911 call about a residential burglary in progress—footage from a doorbell camera shows a man walking around the home and removing a screen from a window and taking it out of view.

The man, who police say was Kinard, went into the home through the window. Police arrived and found the screen removed and saw Kinard inside.

He ran out the back door as police officers followed on foot and by car and searched the area.

About 1,000 feet (305 meters) from the home, Tuitavake found a portable toilet and opened the door, shining his flashlight.

"Due to limited lighting in this case, the footage does not clearly show what the officer saw," Green, the police chief, said.

The video shows Kinard, fully clothed, sitting on the toilet with his arms folded in his lap. He appears to wave to the officer with his left hand. His palm is open and nothing is in his hand.

Then, Kinard "rolled" a metallic object in his right hand toward the officer, Green said. Tuitavake closed the portable toilet's door and took out his gun. The police department shows this with screenshots of the footage because it occurs too quickly to see in real-time video.

Tuitavake then reopened the door and fired a single shot, killing Kinard.

Green said the entire encounter, from when Tuitavake first opened the door to opening fire, was 2.5 seconds.

"The object in his hand was a lighter," the chief said.