Jose Carlos Hernandez: Officers fired on a 35-year-old holding a shovel behind Library Plaza
SAN FERNANDO, CALIFORNIA (August 31, 2026): Jose Carlos Hernandez, 35, died late Monday night after San Fernando Police Department officers shot him in an alley behind Library Plaza near Third Street and North Maclay Avenue, police said. Police said officers responded at approximately 11:45 p.m. to a report of an assault with a deadly weapon and found a man holding a shovel who had allegedly attacked or tried to attack people, including a woman inside a car, ABC7 reported. Interim Chief Anthony Miranda said the man advanced on officers, who fired. Hernandez was pronounced dead at the scene.
A 27-second neighbor video shows at least four officers with guns drawn while Hernandez holds the shovel downward and walks away, then turns back and raises it before gunfire, the San Fernando Valley Sun reported. A witness told the Sun about 15 shots were heard and at least 10 bullet holes were visible on the wall. ABC7 reported officers wore body cameras that will be examined; the Sun reported the city had not confirmed this. On September 1, the California Department of Justice announced it is investigating under AB 1506.
Hernandez had been homeless for about a year, according to the Sun. His brother, Jesus Meza, told the Sun that Carlos was a son, a brother, an uncle and a deeply loved member of the family. The family has retained an attorney and set up a GoFundMe for funeral costs and an independent investigation. A memorial stands in the alley, and community member Julio Martinez told the Sun that 15 shots is not reasonable force.
Liability for Los Angeles County Police Shootings
42 U.S.C. § 1983 allows a lawsuit against the officers and, under Monell v. Department of Social Services (1978) 436 U.S. 658, against the City of San Fernando itself when a policy or custom caused the violation. The Fourth Amendment prohibits unreasonable seizures, and Graham v. Connor (1989) 490 U.S. 386 judges force by what a reasonable officer would do. California Penal Code § 835a permits deadly force only when necessary to defend against an imminent threat of death or serious bodily injury. The Bane Act, California Civil Code § 52.1, adds a state claim.
- Imminent threat: police say Hernandez advanced, but the video reportedly shows him walking away first. Whether he posed an imminent threat when each shot was fired is the central question.
- Number of shots: with about 15 shots reported, investigators will ask whether the fire was proportional and whether it continued after any threat ended.
- De-escalation: whether four or more officers had time, distance and cover to use commands or less-lethal tools against a man with a garden tool.
- Body cameras: whether cameras were worn and activated, and when footage is released, will shape any claim.
The legal theories are excessive force under the Fourth Amendment, a Bane Act claim and wrongful death. Damages can include the family’s loss of support, love and companionship, funeral expenses and, in a survival claim, Hernandez’s pain before death. Section 1983 adds punitive damages and attorney’s fees.
Steps to Take After a Los Angeles County Police Shooting
According to use-of-force data reported annually to the California Department of Justice, hundreds of incidents each year involve a firearm discharge or result in death or serious injury, and many involve people perceived to be in a mental health crisis.
- Preserve the video: whoever filmed the 27-second recording should keep the original file and share it with the family’s attorney and DOJ investigators.
- Identify witnesses: neighbors and business owners near Third Street and North Maclay Avenue should write down what they saw or heard now.
- Request records: under Penal Code § 832.7 and the California Public Records Act, the family can request body camera footage, dispatch audio and the incident report.
- Arrange an independent autopsy: the number and trajectory of wounds can confirm or contradict the police account.
- Follow the AB 1506 review: the DOJ decides whether criminal charges are warranted; a civil claim proceeds separately.
Civil rights and wrongful death claims in California generally must be filed within two years under Code of Civil Procedure § 335.1. Because the City of San Fernando is a public entity, a government claim must be presented within six months under Government Code § 911.2. Contact an attorney promptly to protect your rights.
Investigating Los Angeles County Police Shootings
We at Carrazco Law, A.P.C. extend our deepest condolences to the family of Jose Carlos Hernandez. Did Hernandez pose an imminent threat when each of the roughly 15 reported rounds was fired? Did the officers have time and distance to use de-escalation or less-lethal options before resorting to deadly force?
If you or a loved one has been affected by a police or deputy shooting anywhere in California, our civil rights attorneys can help you understand your rights and legal options. Call us anytime at (800) 541-3244. Se Habla Español. Free consultation.
Published on September 16, 2026 by M.M., Carrazco Law, A.P.C. The incident described in this article occurred on August 31, 2026.
