Keith Porter Jr, a 43-year-old father of two, was shot and killed on New Year’s Eve outside of his apartment in Northridge, Los Angeles, California. An LAPD (LA police department) spokesperson said Porter had fired gunshots into the air. According to the Department of Homeland Security (DHS), the ICE agent claimed to hear gunshots firing outside of his apartment and decided to confront Porter, around 10:30 p.m.

Since the officer was off duty, there is no body-camera footage to validate the violent altercation, so most of the details about the incident remain unclear. City policies require the LAPD to identify officers in serious situations such as this one, but DHS has yet to reveal the identity of the ICE agent. It is by Los Angeles law that you should not fire gunshots into the air, because stray bullets could harm bystanders. The punishment for this is usually an arrest and/or fine.

Jamal Tooson, the attorney for Porter’s family, said in a news conference that, “What should have been an arrest and possible citation has turned into a death sentence and potentially cold-blooded murder from an ICE agent who was not equipped to handle the situation.”

Keith Porter was ringing in the New Year by firing a gun in the air, not at a person, and wasn’t posing a threat to anyone. “We need the suspect named, we need the suspect arrested, we need this suspect charged, and we need him prosecuted, had that been anyone else, procedures would have been followed.” Jsane Tyler, Porter’s cousin in a news conference.