Police Shoot, Kill 80-Year-Old Man In His Own Bed, Don't Find the Drugs They Were Looking For

In the early morning hours of June 27, 2013, a team of Los Angeles County Sheriff's Department deputies pulled up to the home of Eugene Mallory, an 80-year-old retired engineer living in the rural outskirts of Los Angeles county with his wife Tonya Pate and stepson Adrian Lamos. 

The deputies crashed through the front gate and began executing a search warrant for methamphetamine on the property. Detective Patrick Hobbs, a self-described narcotics expert who claimed he "smelled the strong odor of chemicals" downwind from the house after being tipped off to illegal activity from an anonymous informant, spearheaded the investigation.

The deputies announced their presence, and Pate emerged from the trailer where she'd been sleeping to escape the sweltering summer heat of the California desert. Lamos and a couple of friends emerged from another trailer, and a handyman tinkering with a car on the property also gave himself up without resistance. But Mallory, who preferred to sleep in the house, was nowhere to be seen.

Deputies approached the house, and what happened next is where things get murky. The deputies said they announced their presence upon entering and were met in the hallway by the 80-year-old man, wielding a gun and stumbling towards them. The deputies later changed the story when the massive bloodstains on Mallory's mattress indicated to investigators that he'd most likely been in bed at the time of the shooting. Investigators also found that an audio recording of the incident revealed a discrepancy in the deputies' original narrative:

Before listening to the audio recording, [Sgt. John] Bones believed that he told Mallory to "Drop the gun" prior to the shooting. The recording revealed, however, that his commands to "Drop the gun" occurred immediately after the shooting.

When it was all over, Eugene Mallory died of six gunshot wounds from Sgt. John Bones' MP-5 9mm submachine gun. When a coroner arrived, he found the loaded .22 caliber pistol the two deputies claimed Mallory had pointed at them on the bedside table. 

Mallory had not fired a single shot. The raid turned up no evidence of methamphetamine on the property.

To find out more about this case, including details about what the police did find, watch the above video, featuring Mallory's widow Tonya Pate. Pate has filed a wrongful death lawsuit against the Los Angeles Sheriff's Department, an agency plagued by prison abuse scandals, questionable hiring practices, and allegations of racial profiling and harassment in recent years. 

The Los Angeles County Sheriff's Department declined multiple requests to comment on this story.

Approximately 7:30. Produced by Zach Weissmueller. Camera by Tracy Oppenheimer and Zach Weissmueller. Additional voice acting by Paul Detrick, Alex Manning, and Oppenheimer.

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  • Meerkatx||

    Why do I get the feeling nothing will come of this in the long run except tax payers paying legal fees and paid time off for the LEO's.

  • John Aronson||

    Nothing will change given that the Supreme Court 's decision in Bivens v. Six Unknown Named Narcotics Agents (1971), concerning "qualified immunity" for the police, will never be reversed absent some kind of revolution.

    That case gave the American police state the license to kill without personal liability.

  • sasob||

    Nothing will change anyway - look who gets chosen to serve on juries in this country: people who have a vested interest in the system or establishment.

  • John Galt||

    Once the ungrateful public isn't paying attention there will be commendations and promotions galore for this one!

  • OneOut||

    A MP-5 9mm submachine gun ? Really ? A fucking machine gun ?

    There is a lesson here. Everyone should have a dog. Seems like when the swat teams invade they always have to shoot their toys.

    Seems cruel to have a sacrificial dog, but better than one's family.

  • Radioactive||

    how about a sacrifical lamb instead?

  • Major Johnson||

    They wouldn't shoot it, they'd fuck it.

  • JeremyR||

    There's a huge difference between a machine gun and a submachine gun.

    The latter is just a scary looking pistol.

  • Eggs Benedict Cumberbund||

    Sure the pervs at PoliceOne are masturbating over this story...first we shot him, then we told him to drop the gun...ahhhhhh.....

  • Vulgar Madman||

    This is never going to end, is it?

  • John Aronson||

    No, the appropriate response is to thank our heroic, self-sacrificing first responders for their service in keeping us safe. This entails giving them a pay raise and taking their crocodile tears at face value when they apply for a disability pension at age 40 alleging PTSD.

    Since many also will have disability pensions from the VA for PTSD associated with killing subsistence farmers in Central Asia in the name of American freedoms, all of this will set them up in retirement until they start killing popcorn throwers in movie theaters.

  • Swiss Servator, Befehl!||

    "Since many also will have disability pensions from the VA for PTSD associated with killing subsistence farmers in Central Asia in the name of American freedoms"

    Citation please.

  • ImanAzol||

    Well, at least the officers went home safe at the end of the shift. That's what's important here.

  • perlhaqr||

    It will, but it's not going to be fun.

  • Vulgar Madman||

    That "confidential informant" needs to be fed to a wood chipper.

  • ||

    assuming it is not a fictional character

  • Vulgar Madman||

    I'll settle for its author.

  • Gene||

    Detective Hobbs first.

  • dinkster||

    I love how just any old schmuck can tell the police some BS and suddenly a warrant and submachine guns are rubber stamped.

  • Zoobs||

    I think all citizens ought to be concerned about the "militarization" of our local law enforcement. There is really no way you can prove the police used unreasonable force since it is a crime to videotape their actions and it is their word against yours (if you survive). Even worse if you happen to own a gun or have a carry permit. That is open season as you will always be accused of trying to thwart the legal exercise of prosecutory discrection (read....knock your door and you down and do whatever the hell I feel like doing to you).

  • RonnieNM||

    Fortunately, it is not illegal to videotape police officers. Unfortunately, people still get arrested for doing so.

  • OneOut||

    Fortunately the madness hasn't taken root over the entire country yet.

    Texas Grand Jury no-bills homeowner who killed a cop during a "no knock" search entry.

    http://goo.gl/2ZagHc

    I suppose it's just a matter of who shoots first.

  • OneOut||

    Wow

    After rereading the article I am amazed the guy made it out of there alive.

    The cop that was killed was part of a swat team.

    Another home invasion based on an informant's tip. Police were sweating a guy they had just arrested and got the warrant based on him trying to work himself free of charges. And of course they believed every word.

    One other thing ya'll might find interesting. His lawyer is a very successful, very highly paid, trial lawyer famous in Texas. I'm surprised this guy could have afforded Dick DeGuerin.

  • Outlaw||

    An attorney told me DeGuerin took the case pro bono. Not sure if that's true or not.

  • wwhorton||

    "The Burleson County Sheriff's Office would not have been there that day if Mr. Magee had not decided to live a lifestyle of doing and producing illegal drugs in his home. Therefore, we will fully prosecute the drug charges against him."

    And Officer Shitbird would've gone home that night if he hadn't chosen to shoot and/or arrest people for smoking a fucking plant for a living. No sympathy. None.

  • DH||

    Well, I think that a lesson was taught here. America should be disarmed. How dare that OLD, SLEEPY man pull out that .22 weapon of mass destruction against our glorious protectors of this nation. We can't keep having people try to defend themselves against our agents of justice. Luckily, he was put in his place and .......Wait a minute, the cops lied about it. No joke Who would have guessed cops lie to cover their butts.

  • MoreFreedom||

    Cops lie to cover up their crimes.

  • JohnD||

    Most cops are pretty decent folks. But it only takes a few thugs to poison the public opinion of them.

    These thugs need to be stood against the wall and shot.

  • oncogenesis||

    Most cops are pretty decent folks.

    Citation needed.

  • Paul.||

    Procedures are being followed. I'd say that's pretty good evidence.

  • ImanAzol||

    After a lawsuit was filed.

  • Dibbler||

    Most cops are pretty decent folks

    I'll believe it when these oft mentioned seldom seen decent cops run the bad cops out of the department instead of corroborating their bullshit stories.

    Also, thanks reason. I was going to try and take a break from booze tonight.

  • The Last American Hero||

    ^This. 1,000 times over. No such thing as a good cop.

  • wwhorton||

    Most cops are pretty decent folks paid mercenaries. But it only takes a few thugs a history of abuse of authority to poison the public opinion of them.

    Fixed that for ya.

    Look, my dad was a deputy in Prince George's county, right outside the worst parts of DC. My neighbor's a city cop, and I've known several LEOs in various roles. I have never--NEVER--known anyone who has had a positive outcome as a result of interacting with police in an official capacity. I have, however, known many people who have had negative encounters with police.

    There is nothing noble or heroic about being a cop. Rarely, there are noble or heroic people who become cops, but that is a function of the person, not the badge. It is, like anything else, a job. You get paid. In this case, you get paid to use force to intimidate or compel people into following the law, with maximum leeway as to personal judgement coupled with minimum repercussions for the abuse or misuse of that power.

    Did I mention that it's a job that pays, and pays pretty well?

    So, no, I don't think you're a decent person if you're willing to make a buck as an enforcer for the state, and I don't respect you or have any particular sympathy for you if you're injured or killed in the line of duty any more than I shed tears over mob enforcers being gunned down working an extortion racket.

  • Major Johnson||

    As long as the good cops tolerate and defend the bad cops there are no good cops.

  • pogi||

    There are stories like this nearly every damned day. Is it your position that there are small bands of thug cops roaming the country doing these bad things to poison the well of public opinion while all the good cops are helpless to stop the few?

  • Bryan C||

    If a co-worker goes and kills someone while on the job, decent folks in the office next door would tell someone about it. Armed decent folks might even try to stop the criminal, shooting him if necessary.

    So how can most cops be "decent folks" if they refuse to do anything to stop the thugs they work with every day?

  • ||

    He must've had it coming to him.

  • Paul.||

    Hey, did we just experience a white hole?

  • Meerkatx||

    Waiting for the day when a LEO stands up for the public and shoots one of his own who's shooting/beating/abusing a civilian for no good reason.

  • Bryan C||

    Amen.

  • DanD||

    Eugene Mallory today. You tomorrow.

  • Raymond Luxury Yach-t||

    Gotta get down to it. Soldiers are gunning us down.

  • Redmanfms||

    Soldiers (real ones anyway), have stricter ROEs than cops.

  • JoeKing||

    or Kenneth Chamberlain

    http://www.huffingtonpost.com/.....75618.html

    I live here & damn sure will never wear a LifeAlert.

  • linkon||

    it's really a very sad story. i fell very sad to see this video .

    http://www.porntie.com

  • ImanAzol||

    What's really sad is the Reason mods won't keep Nigerians and kidfuckers from spamming their threads.

  • dinkster||

    Yeah there should be at least a vote to review flag to remove the most obvious garbage. But then again the thread is active for barely 4 hours then no one looks at it ever again anyways.

  • Will Nonya||

    And of course this isn't the police state you're looking for....waves hand in an obi wan esk manner...

  • LiveFreeOrDOH!||

    So sad. I am still waiting for our judicial system to set an example. This is clearly an appropriate one.

    And my wife asks me why I freak out when a cruiser pulls up behind me or comes down our dead end cull-de-sac.

  • LiveFreeOrDOH!||

    So sad. I am still waiting for our judicial system to set an example. This is clearly an appropriate one.

    And my wife asks me why I freak out when a cruiser pulls up behind me or comes down our dead end cul-de-sac.

  • Cloudbuster||

    Why are departments even allowed to investigate themselves? It would be like asking a corporation to conduct an investigation on its own suspected tax fraud. Surprise! No wrong-doing!

  • IT||

    Come on. They are trained investigators. The best.

  • wwhorton||

    Bro, they swore an oath. An OATH, bro.

  • ||

    Here in Corrupticut,it's the"Office of Coverup"doing the investigating.

  • IT||

    He probably died from one or two gunshot wounds, the other four or five were just for fun.

    Not good.

  • Firstname||

    Welcome to the United Police States of America. Instead of "protect and serve" their motto has become "terrorize and kill".

  • BDBerzerker||

    No, it's 'to protect their interests and serve themselves'.

  • David K Az||

    The California Narcotics Officers Association recently sent a letter to our president because they were upset that he told a reporter (and his daughters) that he didn't think marijuana was any more dangerous than alcohol. They do this kind of thing so that they can continue to fund military raids and receive other drug war monies. Our president spoke the truth to his daughters but it was truth that the California Narcotics Officers Association couldn't handle. We cannot let people like this direct our drug policies. I don't want to see anyone use meth but I would rather see all drugs legal than to continue to see the carnage in our communities caused by people like this. The simple truth is that law enforcement cannot even keep drugs out of maximum security prisons and is not the best way to keep drugs out of our communities. We have to collectively act to stop the use of anonymous informants that never face those they accuse and that have little reason not to lie to seek lighter sentences for themselves. Publicly confront the lies told by the California Narcotics Officers Association when they make wild statements and when they perform raids like this in your community. Do support professional law enforcement practices in your community and make sure that there is a clear set of rules to differentiate between good and bad law enforcement. I am saddened and angered by your loss; there has to be a better way to do things. Let's make our communities safe again.

  • dinkster||

    Gun ownership is no longer enough to deter police. What is needed is fully automated property defense turrets with RFID feature. Then when they have a warrant they'll have to call first.

  • ||

    This is an everyday occurrence in the USA.

  • GamerFromJump||

    "Hello, my name is ________ Mallory. You killed my (grand)father, prepare to die."

  • silverfang789||

    The War on Drugs is a war on people, especially the working class and poor.

  • linkon||

    Nothing will change anyway - look who gets chosen to serve on juries in this country: people who have a vested interest in the system or establishment.

  • bak||

    May these jackbooted fascist thugs rot in h*ll alongside their equally evil predecessors, the SS. I hope this miserable excuse for a law enforcement officer never gets another full nights sleep in his hopefully short life.

  • cheap kits||

    here is really no way you can prove the police used unreasonable force since it is a crime to videotape their actions and it is their word against yours (if you survive).

  • Locris||

    Lon Horiuchi working for LAPD now?
    Would seem fitting.

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