On Tuesday a federal judge ruled that the McCoy family could proceed with their lawsuit against the Vallejo Police Department on claims that the department conspired to kill Willie McCoy.
Willie McCoy was a local rapper when he was shot and killed in February 2019. Body camera footage from that night shows that McCoy had fallen asleep in his car at the drive-thru of a Taco Bell when six Vallejo officers fired 55 rounds at him in less than four seconds. 38 shots struck McCoy, killing him.
In the hearing in Sacramento, U.S. District Court Judge John Mendez said there was enough evidence to support the agreement of an element of conspiracy, according to reporting by KRON4.
None of the officers identified themselves prior to opening fire or gave any kind of warning to McCoy, said Mendez.
The officers are named in the lawsuit.
The McCoy family attorney Melissa Nold said they were happy with the ruling, considering that conspiracy is tough to prove in a civil rights case. But this case is exceptional, Nold added.
The city of Vallejo tried to get the claim dismissed, which was denied.
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