In a matter of seconds, a violent act by a Latino man suffering from mental problems saw him attack an Anaheim Police Department officer with a broken shovel, who then shot and killed him.

The family of Rudy Anthony Martinez II and their lawyers allege that the police officer who took his life A 36-year-old man used unnecessary lethal force while experiencing a mental health crisis. "Rudy Martinez was having a mental health episode. We have video of him leaving his house that day. At some point along the way, he picked up a broken shovel and was basically playing around in the street with the broken shovel in a neighborhood," said attorney Jamal Tooson. “The two people who called 911 never said that Rudy was threatening them or trying to harm them,” he added. "The officer pulled up in his patrol car. He saw Rudy. He said something about it: 'Oh, shit!' Rudy then walked toward the officer's patrol car and started hitting it with the shovel.”

“At this point, the officer did not put the patrol car in reverse. He did not consider using non-lethal force, but instead drew his weapon. When he got out of the car, Rudy walked toward him with the shovel. The officer shot and killed him, leaving him to die in the street,” the lawyer summarized.

“It wasn't right.”

The shooting occurred on September 15, 2025, in front of John Marshall Elementary School, from where a woman made a 911 call to report a man holding a broken shovel.

Around 12:45 pm, a patrol car was dispatched to the intersection of Holly Street and Falmouth Avenue, after receiving reports that the man was allegedly acting suspiciously and carrying “a brick.”

and a shovel.”

In one of the 911 emergency calls, a woman hands the phone to his brother, who describes to the operator that he believed the person in the neighborhood was just loitering [the area] and thought “he wasn't right [in the head].”

After describing the man as a “white” and “very skinny guy” approximately 30 years old, 160 pounds, and wearing a green t-shirt and brown pants, The caller responded that it was probably a homeless person or a passerby.The 911 operator then indicated that she would send an officer. Upon arriving at the intersection, the Anaheim Police Department officer was heard saying, “Oh, shit,” when he spotted Martinez in the distance with the shovel. He opened the patrol car door, and when Martinez saw him, he lunged at the officer from about 30 feet away and managed to strike the car several times with the shovel. He was repelled by gunfire.

In a matter of seconds, Rudy Anthony Martinez II was shot and left lying on the pavement. Although he received first aid at the scene, he was taken to a hospital where he was pronounced dead.

“My son was a loving Christian. He experienced periodic episodes of depression and anxiety, although he wasn't in constant treatment,” Melinda Gonzalez, Rudy's mother, told La Opinion. “He was a kind son and concerned for others…He was my only son.”

It was preventable

Both Rudy Anthony Martinez II's family and their lawyers, Jamal Tooson and Antonio Villegas, considered the shooting in which the young Latino man died unjustifiable and demand justice.

“What alarms us is that there were 911 calls and no one indicated feeling threatened or that Rudy intended to harm them in any way,” emphasized attorney Villegas. “Time and again we see officers using lethal force claiming fear for their safety or their lives, when the facts are that before exiting his vehicle he was in a safe place.”

The lawyer pointed out that the officer had many other options available, “but chose to pronounce a death sentence on the spot.”

He added that, “he decided not to attempt to rehabilitate Rudy, and as for the department, they never contacted the mother. In fact, she had to watch the video of her son's murder. There was no level of empathy or remorse, and one thing I can assure you is that we will get justice. shoot me with “A gun?” “If someone came to my house with a shovel, could I shoot them in the head with a gun?” the lawyer responded to La Opinion. He stated that this is precisely why there are different levels of force and that a police officer is trained to use a stun gun as a first response to subdue a suspect. “But the officer knew exactly what he was going to do when he was armed with a gun,” he argued. he could have opted for non-lethal force,” he emphasized. “We're talking about someone who knew perfectly well that [the suspect] was suffering from a mental health issue and had a shovel in his hand.” “It's never easy.” Mike Lyster, a spokesperson for the city of Anaheim, said in a statement about the incident that “Any loss of life is tragic and our thoughts are with all those affected.” “But it's disappointing to see this [the lawsuit press conference],” he added. “Our officer responded to a call near an elementary school in session, where, without any provocation, he immediately faced a threat to his life and safety.” While acknowledging the importance of mental health intervention, he felt that “unfortunately, there wasn't time to mobilize resources and do so without putting the lives of mental health workers at risk.” “I have stated that officers must make split-second decisions in rapidly developing situations, and that is never easy,” said the Anaheim city spokesperson. Speaking more generally, Sergeant Matt Sutter, spokesperson for the Anaheim Police Department (APD), told La Opinion: “We didn't know if it was a mental health case.” “We don't know for sure yet.”

The people who called 911 didn't explicitly say that Rudy Martinez was having a mental health crisis, but they did say he seemed to have some kind of mental health issue.

How does the Anaheim Police Department respond to suspects of mental health crises? And what is their protocol, if any?

“For every officer, first and foremost, drugs are mind-altering substances, right? It could be a drug case. We have to wait for the coroner's report to determine if there were any drugs in his system. That's part of the full investigation being conducted by the district attorney's office.

“To answer your question, we generally have mental health officers, a dedicated team, but also all the training that the law requires all officers to receive in mental health services, and we provide the necessary training.”

“In general, all officers receive mental health training on how to deal with people in crisis, and we also have officers with specific training and more experience in that area. We have some officers like that. However, this particular officer was a patrol officer, not one of our mental health specialists." sergeant asked.

“Yes, I saw it,” La Opinion responded.

How many seconds did [the officer] have?

“I think it was five to seven seconds,” he was told.

“Yeah, it was very,very short, right?” the APD stated. “By the time he was attacked with a shovel, it was very, very short, right?”

So he had no other choice? La Opinion questioned.

“I won't say no I had no other option. I was just saying what happened. It all developed very, very quickly.”