Family attorney says witness accounts contradict DHS's exchanged-gunfire claim
Jamal Toosonattorney for the family of Keith Porter Jr.
Family attorney Jamal Tooson said witness accounts contradict DHS's version of an exchange of gunfire, arguing the official account, if true, would already have cleared the agent rather than leaving the case unresolved months later.
“If it actually happened the way the officer said it did, it would have been an open and shut case.”
Reporting
Other statements by Jamal Tooson in this case
- Family attorney says agent walked into danger rather than calling LAPDEarlier: Challenged the characterization
Where this statement fits
Was ICE Agent Brian Palacios justified in fatally shooting Keith Porter Jr.?
On December 31, 2025, an off-duty ICE agent fatally shot Keith Porter Jr., 43, outside the Valley Pointe Apartments in Northridge, Los Angeles. The Department of Homeland Security says the agent responded to what he believed was an active shooter, identified himself as law enforcement, and fired after Porter pointed a rifle and exchanged gunfire with him. Porter's friends and family say he was firing a rifle into the air to celebrate New Year's Eve. Family attorney Jamal Tooson says two witnesses told him they heard only three shots from what sounded like a single weapon and did not hear the agent identify himself, though he has also said there are no eyewitnesses to the shooting. The Los Angeles Times reported that a law enforcement official said detectives found evidence of two bullet impacts behind where the agent was standing, which the Times said supported claims that Porter had fired at him. Court documents filed in an unrelated custody dispute later identified the agent as ICE officer Brian Palacios, though DHS has not officially confirmed his identity or involvement. The Los Angeles Police Department investigated and submitted its findings to the Los Angeles County District Attorney's Office in mid-2026; as of September 2026, no charges had been filed.
Source and context
Reporting
About this source
Explanatory backgrounder summarizing the case roughly six months on. Covers the family's claim letter to the federal government, the medical examiner's autopsy finding, and family attorney Jamal Tooson's account of two witnesses who he says contradict DHS's claim that Porter and Palacios exchanged gunfire.
Archived copy (opens in a new tab)Before the quotation
By mid-2026, Porter's family had filed a liability claim against the federal government stating that Porter was "attempting to peacefully return to his residence" when killed and that the use of deadly force was "unjustified, unreasonable and without legal cause." Tooson said two witnesses provided consistent accounts to him.
After the quotation
Tooson said the witnesses also told him the shots sounded like they came from the same weapon, and that one of the witnesses gave LAPD footage from a Ring camera that captured audio of the shooting.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
Tooson directly denies the factual basis of DHS's self-defense account, citing witnesses who said they heard only three shots from a single weapon and did not hear the agent identify himself, and an autopsy showing Porter was shot three times, all of which he argues rule out an exchange of gunfire.
- Recorded on
- Published here
- People and groups discussed
- Brian Palacios, U.S. Department of Homeland Security
Corrections to this statement
These notices document reporting corrections, classification changes, and topic-label updates.
Reporting correction
Correction to: Statement by Jamal Tooson
- Previous language
- Tooson said the witnesses told him the shots "sounded like they came from the same weapon" and that one witness gave LAPD Ring-camera footage of the moments before the shooting.
- Corrected language
- Tooson said the witnesses also told him the shots sounded like they came from the same weapon, and that one of the witnesses gave LAPD footage from a Ring camera that captured audio of the shooting.
We previously said a witness gave police Ring camera footage of the moments before the shooting and placed a description of the gunshots in quotation marks. LAist reported that the footage captured audio of the shooting, and its account of what the witnesses said about the shots is a paraphrase, not a quotation. We corrected the context to match the source.
This corrects our account of what happened.
Explanatory backgrounder summarizing the case roughly six months on. Covers the family's claim letter to the federal government, the medical examiner's autopsy finding, and family attorney Jamal Tooson's account of two witnesses who he says contradict DHS's claim that Porter and Palacios exchanged gunfire.
Archived copy (opens in a new tab)More from this case
Read the full caseKeith Porter Sr. says the agent murdered his son and should face trial
“I definitely want justice. I want to see that guy brought to trial. He needs to go to jail for that. I mean, he just murdered him”Read statement
Free Speech For People seeks a criminal investigation of the Porter shooting
Free Speech For People
“Palacios was acting without any federal authority and, according to the evidence available, no reasonable official could believe his actions were lawful.”Read statement
Palacios's attorney says he was defending himself and the community
“defending himself and the community”Read statement
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The Dispute Index. "Family attorney says witness accounts contradict DHS's exchanged-gunfire claim". First published: 2026-09-24. Last updated: 2026-09-25. https://disputeindex.com/events/2188-family-attorney-jamal-tooson-said-witness-accounts-contradict