Wrongful death lawsuit filed against Palm Springs, PSPD, others in unlicensed bail agent shooting

A wrongful death lawsuit has been filed by the family of a Palm Springs man police say was shot and killed by a man posing as bail agent.

David Spann, 33, was killed in his Palm Springs home in April last year. He was allegedly fatally shot by Fabian Herrera, who police said was posing as a bounty hunter. Herrera was not a licensed bail agent and wasn't allowed to have a gun.

Spann's family is now suing the city of Palm Springs, its police department and several others.

The suit names as defendants two Palm Springs police officers who responded to Herrera's calls for backup: Officer Rhett Arden and Officer Emmi Kramer. Former Police Chief Bryan Reyes is listed in the lawsuit too.

News Channel 3 spoke with the attorney representing the Spann family, Gabriel Avina, who said he believes "a statement at this time is premature..."

Spann's father, William Spann, told The Desert Sun, which first reported the lawsuit, "The police department had no policy in place on how to deal with bounty hunters... They used force as soon as they got there and it quickly became deadly force. They should have prevented my son from being killed instead of helping kill him."

In the video, Spann is seen armed with a knife. He was tased, but doesn't go down. Moments later, a Palm Springs police officer is heard ordering Herrera to "shoot."

An attorney for the city of Palm Springs said the lawsuit is "misdirected," and added criminal cases against Herrera and his mother and partner, Lisa Vargas, are ongoing.

Both are pleading not guilty and are due back in court later this year.

Stay with News Channel 3 for continuing updates on this case.