LAPD Officer Who Shot At Suspect Asks Judge To Reverse Downgrade

HOLLYWOOD, CA — A Los Angeles Police Department officer who was downgraded after shooting at, but missing, a sexual assault suspect outside Paramount Studios in Hollywood last year is asking a judge to restore him to his original role within the department.

Officer Joseph Marx's Los Angeles Superior Court petition, filed Wednesday, seeks to have him restored to a police officer III position and that all documents and files relating to his downgrade to a police officer II be removed from his personnel files.

The petition names both the city of Los Angeles and Police Chief Michel Moore as respondents.

"Marx discharged one round at a fleeing felon who had an edged weapon," the petition states. "The (LAPD's) Force Investigation Division had not finished their investigation when Marx was downgraded for his involvement in the (officer-involved shooting)."

The petition states an LAPD commander who testified at an administrative hearing on April 1 said body cameras and other evidence could change the outcome of a FID investigation. The commander said he didn't know the policy for shooting at a fleeing felon, and didn't know if the suspect was near civilians who could become hostages, the petition said.

However, although the commander agreed that an investigation could take many months to conclude, a single video shown at an administrative hearing convinced the commander to order Marx's downgrade, the petition said.

"No one should draw any conclusions on whether Officer Marx acted consistent with LAPD policies and the law until all the facts were known and the investigation completed," the petition states. "Without the full body of evidence in this matter, the burden of proof was not met."

The suspect, who had been under surveillance in the area by Fullerton police conducting a sexual assault investigation, was identified as 36-year-old Bryan Gudiel Barrios. The LAPD previously said Fullerton officers attempted to arrest Barrios last Oct. 18 and he produced a knife, so officers used a Taser on him.

When the Taser did not subdue Barrios, the Fullerton officers called for help from LAPD officers, who fired 40mm rubber bullets and beanbags, the LAPD said. Those tactics also were ineffective and an officer-involved shooting occurred near the Melrose gate to the Paramount lot, according to the LAPD.

Barrios, of Fullerton, ran into the lot and barricaded himself inside a multi-story facade of a movie set and surrendered about two hours later after negotiations with police, the LAPD said.

Barrios was bleeding from self-inflicted wounds from his knife and transported to a hospital for treatment, the LAPD said. No officers were injured.

City News Service contributed to this report.