Teen graffiti artist’s family suing Miami Beach

A grieving mother wiped away tears Tuesday, as her family brought a lawsuit against the city of Miami Beach for the untimely death of her son.

Israel Hernandez-Llach, 18, a precocious graffiti artist died after police shot him in the chest with a Taser three weeks ago. Officers say they caught him spraying gold paint on an abandoned McDonald’s.

“It is a weapon that exacts excruciating pain,” said family attorney Todd McPharlin, “incapacitating pain on the subject and carries with it the risk of serious injury and death.”

Hernandez-Llach was spray-painting a shuttered McDonald’s when he was chased down by Miami Beach police and shot in the chest with a Taser. Police say that’s standard for someone resisting arrest.

WSVN

Hernandez-Llach was spray-painting a shuttered McDonald’s when he was chased down by Miami Beach police and shot in the chest with a Taser. Police say that’s standard for someone resisting arrest.

The lawsuit filed in Miami-Dade County court alleges that the officers used “unnecessary, excessive and unconstitutional force.”

Jorge Mercado, who is now on administrative leave, used the electroshock weapon on Hernandez-Llach Aug. 6, according to police.

Miami Beach Police Chief Raymond Martinez defended Mercaco as following policy when confronted with someone resisting arrest.

Hernandez-Llach older sister, Offir, says the family is simply trying to draw attention to the subject to prevent others from suffering, too.

NBC Miami

Hernandez-Llach older sister, Offir, says the family is simply trying to draw attention to the subject to prevent others from suffering, too.

But invoking protocol is not enough to appease Hernandez-Llach’s heartbroken family and friends.

They consider the officer’s response gratuitous considering the teen’s slight build and lack of any weapon.

To top it all off, he was merely suspected of a petty crime, vandalism.

The family filed the lawsuit in Hernandez-Llach’s death in Miami-Dade County court.

Courtesy of Heather Bozzone

The family filed the lawsuit in Hernandez-Llach’s death in Miami-Dade County court.

Had Hernandez-Llach survived, he likely would have faced community service for a second degree misdemeanor.

RELATED: FLA. TEEN WHO TAGGED DESERTED MCDONALD’S DIES AFTER COP USES TASER

Property damage led to the loss of human life: for the family, there is no comparison.

The family says the officers should never have Tasered the teen, who was of slight build and unarmed.

Courtesy of Heather Bozzone

The family says the officers should never have Tasered the teen, who was of slight build and unarmed.

As Hernandez-Llach lay on the pavement – either dead or dying – the officers celebrated a “job well done” by high-fiving and congratulating one another, the lawsuit claims.

Toxicology reports have not yet established the formal cause of death.

“We’re not trying to drag attention to our family,” his older sister Offir said. “But we’re trying give the attention that my brother needs, so there’s no more Israels happening where we live.”

The officer who administered the electroshock to the 18-year-old has been put  on administrative leave.

Courtesy of Heather Bozzone

The officer who administered the electroshock to the 18-year-old has been put on administrative leave.

The family’s complaint also argues that the Miami Beach officers are not adequately trained or supervised in operating Tasers or prepared for the necessary medical responses in these situations.

The Miami Beach Police Department is conducting an internal investigation of Hernandez-Llach’s death. The Florida Department of Law Enforcement is slated to review the finding.

Officials said Florida’s state attorney and the medical examiner for Miami-Dade County will also review the case.

“We want justice and support,” Offir said. “We give thanks to those who are giving us support right there in your houses please keep the support.”

The family, including mother Jacqueline Llach, were dressed in black on the steps of the county courthouse. They are seeking undisclosed damages.

With News Wire Services

mwalsh@nydailynews.com

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Article source: http://www.nydailynews.com/news/national/teen-graffiti-artist-family-suing-miami-beach-article-1.1439247

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