Palm Springs police seek dismissal of Marine shooting suit

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PALM SPRINGS, Calif. (AP) – The Palm Springs Police Department is defending officers who shot and killed a Marine in a drunken driving confrontation.

The Palm Springs Desert Sun says police this week asked a federal judge to dismiss a lawsuit filed by the family of Cpl. Allan DeVillena.

The department argued that officers who shot the 22-year-old Marine from San Jose in 2012 acted reasonably because they thought he was a danger to others.

DeVillena was shot six times in 2012 as he tried to drive away from two police on bicycles at a parking garage.

The officers opened fire after one jumped through a car window with his gun drawn to stop the driver.

Investigations by the Police Department and the district attorney’s office cleared the officers of wrongdoing.

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