Manteca Police File Restraining Order Against Protester

MANTECA (CBS13) – Two officers have obtained a court order to keep a man back from a police station after numerous protests and an encounter with authorities over the shooting death of his brother.

Gabriel Duenez says he has maintained weekly protests at the Manteca Police Department since an officer shot and killed his brother, a wanted parolee, eight months ago, but he now has to keep his protests 100 yards from the police building.

The Duenez family claims an officer waited for Ernest Duenez, Jr., at his home and then shot him as he exited the truck. Ernest's father said the dash cam video shows the officer firing multiple times, killing the man.

"He ran up and shot him six times, and as my son was going down, shot him six more times," said Ernest Duenez, Sr.

The officer who fired the shots was placed on standard administrative leave and is back at work. Manteca Police Officer Jason Hensley said the department can't comment on the incident since the matter is still being investigated by the district attorney.

According to the police union that filed for the restraining order, Gabriel has been threatening and harassing officers. Gabriel also allegedly took pictures of an officer's family at an amusement park.

The Duenez family says they did have a confrontation, but called it an accidental encounter. Ernest's family says he was a drug user who caused problems for police, but added that justice was not served by his death.

"He died like an animal," said Gabriel. "He wasn't an animal, he was a human being."

Gabriel said he plans to fight the restraining order in a court hearing Tuesday.

The district attorney's office and police officers' union did not return CBS13's calls for comment Thursday.