SAN DIEGO – An attorney representing the parents of a male dancer killed by Harbor Police during this year's Gay Pride festivities said Wednesday that traces of drugs found in the man's system were from diet pills and cold medicine.
An autopsy released Tuesday said Steven Hirschfield had traces of methamphetamine, ketamine and doxylamine – an antihistamine ingredient in NyQuil – in his blood the night he died.
“Drugs did not play a part in this shooting – I want to make that 100 percent clear,” Los Angeles attorney Brian Claypool said at a news conference in front of the downtown San Diego courthouse.
Hirschfield, 37, of West Hollywood, had been hired to dance aboard the Inspiration, a charter vessel, on July 20. He jumped overboard about 11 p.m., 10 minutes into the San Diego Bay cruise. He fought with two Harbor Police officers sent to rescue him, and one of the officers shot Hirschfield after he allegedly tried to grab the other officer's gun.
“The autopsy report indicates Steven Hirschfield was shot in an upright position ... how is that possible .. if he was trying to grab an officer's weapon?” Claypool said.
San Diego police detectives are investigating the shooting.
Claypool is representing Alan and Nicole Hirschfield of suburban Detroit, who have filed claims seeking $20 million from the Harbor Police Department and the officer who killed their son.
While the cause of death listed on Hirschfield's death certificate says “gunshot wound of chest,” the county Medical Examiner's report said the bullet went through Hirschfield's back and out his upper right chest.
The autopsy indicated that police fired a Taser at Hirschfield moments before he was killed. A yellow Taser disc was found in Hirschfield's groin area during the autopsy, according to the report.
“Officers discharged a Taser which apparently missed,” the report said.
The claims, the first step toward filing a lawsuit, accuse police of killing Hirschfield without legal justification.
The San Diego Unified Port District, which oversees the Harbor Police, has up to 45 days to deny a claim or decline to respond before a lawsuit can be filed. The deadline is in mid-September.
Angelica Martinez of the Union-Tribune breaking news team contributed to this report.
