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L.A. Detective Tells Details of Fatal Shooting : Civil rights: The officer is testifying in federal court as a defendant in a suit alleging the Special Investigations Section killed three unarmed robbers.

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TIMES STAFF WRITER

In testimony lasting nearly three hours in federal court Wednesday, a Los Angeles police officer described in grim detail the shooting in which he and fellow officers fired 35 times at four robbers outside a Sunland McDonald’s, killing three and wounding the fourth.

Detective John Helms said he fired six times with a shotgun and three times with a pistol after seeing one of the bandits flee the getaway car with a gun and a second man brandishing a gun inside the car.

Afterward, police discovered that the weapons used by the robbers during the Feb. 12, 1990, incident were pellet guns that were replicas of real firearms.

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During the shooting, Helms said: “I was looking for any indication that these men were trying to submit to arrest. I saw nothing” that indicated surrender.

Helms’ testimony came in the months-long trial of a civil rights lawsuit filed by the surviving robber and the families of the men killed.

Their suit contends that the nine officers who opened fire did so without warning or provocation and that the use of excessive force violated their rights. The suit says the officers, all members of the department’s Special Investigations Section, are part of a “death squad” that specifically targets criminal suspects for execution.

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The surviving robber, Alfredo Olivas, testified earlier that the bandits had stowed their pellet guns in the trunk of the car after the robbery and therefore were unarmed when fired upon. Several officers later testified briefly that they saw guns being brandished, prompting the shooting.

Now, in the defense phase of the trial, the officers are testifying at length about the incident and why they opened fire.

Seemingly choked with emotion during some of his testimony about the shooting, Helms told jurors that, because of tactical and safety concerns, the officers could not move in to arrest the bandits until the thieves left the McDonald’s after robbing the lone employee inside.

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When four men were in their car, which was parked on the street, four SIS cars moved in to block their escape. Two of the police cars actually hit the getaway car, “jamming” it behind a parked truck.

As officers jumped out of their cars, Helms said, he heard one officer shout “Gun!”--a warning that he saw a gun in the getaway car. Helms then heard shots being fired and shouts of “Police! You’re under arrest!”

“Things were going on simultaneously,” Helms said. “I saw a man get out . . . and I saw a gun in his right hand. I saw him start to run.”

Helms said that, because the robbers had used guns during previous crimes, he believed the men still inside the car were also armed and that the officers surrounding the car were in danger.

“I started directing fire at the back,” Helms said. “The next thing I saw was one of the handguns being brandished through one of the holes in the rear window.”

Helms fired again, emptying his shotgun of shells. In the meantime, other officers shot the man who had run from the car when he allegedly turned and pointed a pellet gun at them.

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“I knew I was out of ammo on my shotgun,” Helms said. “I put it in my car and took out my .45.”

Helms then described how he and his partner approached the car to make sure the three robbers inside were no longer a threat. He said that when he looked into the car one of the men in the back seat was reaching for a gun on the floor. Helms said he yelled for the man to stop and fired twice when he did not comply. Helms said the other man in the back seat then reached for the weapon, and Helms fired at him as well.

Helms said he did not know how long the shooting lasted. “When I believe my life is in danger, I am not a good estimator of time,” he said.

During cross-examination of Helms, the plaintiffs’ attorney, Stephen Yagman, pointed out that the weapon the officer claimed to have seen in the car was an unloaded pellet gun. Yagman has said that the jury will have to decide whether it is plausible that the robbers would have pointed or attempted to reach for pellet guns when confronted by nine officers with shotguns and .45s.

Yagman’s cross-examination of Helms is scheduled to continue today.

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