Nearly six months after an off-duty Immigration and Customs Enforcement officer shot and killed an armed man on New Year’s Eve in L.A., authorities have yet to finish their investigation into the incident.

Brian Palacios has been identified in court records as the officer who killed Keith Porter Jr., 43, at a Northridge apartment complex where both men lived. Those records are filed to a contentious custody case between Palacios’ girlfriend and her ex-husband, who told the court in a successful application for a restraining order that he feared for his safety and the safety of his children after Palacios harassed and threatened him.

Authorities previously have said Palacios is still employed by ICE, and court records responding to the restraining order show he has recently been placed on administrative duty. ICE officials did not respond to questions about his current status.

Stacie Halpern, an attorney representing Palacios, has not responded to calls or an emailed request to make her client available for an interview. Halpern has previously told news media her client shot Porter in self defense.

The context

Porter’s death came just over a week before ICE agents in Minnesota killed Renee Nicole Good, 37. Seventeen days later, ICE agents killed Alex Pretti, 37. The shootings of Good and Pretti, who were protesting ICE enforcement in their city, were captured on video, made international headlines and spurred Congressional inquiries.

The killing of Porter was not captured on video, did not take place during a protest and did not lead to the same level of outcry. Like with Good and Pretti, the initial law enforcement characterization of Porter’s shooting has come under scrutiny.

The Los Angeles Police Department opened an investigation shortly after the shooting. LAPD officials told the Board of Police Commissioners on June 2 they expected to finish their investigation and present findings to the Los Angeles District Attorney last week.

Instead, the district attorney’s office said the LAPD is still looking into the case.

"Our office has been briefed on this case and LAPD informed us there is further investigation to conduct before presenting a case to our office for filing consideration," Venusse D. Dunn, a spokesperson for L.A. County District Attorney Nathan Hochman, said Monday in an email responding to LAist asking about the status of the case.

Jamal Tooson, an attorney with the law firm Lessem, Newstat & Tooson, who is representing Porter’s family, called the delay “alarming, to say the least.”

Initial accounts of the shooting

According to statements from federal officials, Palacios was off duty the night of the shooting. Federal officials and Palacios’ attorney have said he was acting in self defense when he shot and killed Porter. Police said a rifle was recovered at the scene.

In a statement released to the L.A. Times shortly after the shooting, a Department of Homeland Security spokesperson said Palacios, who was not named at the time, as having “bravely responded to an active shooter situation at his apartment complex” and was “forced to defensively use his weapon and exchanged gunfire with the shooter.”

Porter’s friends have said he was shooting a rifle into the air to celebrate the new year. The LAPD, which has worked for years to reduce gunfire on the holiday, calls the practice a “deadly New Year’s tradition in our city.”

“If it actually happened the way the officer said it did, it would have been an open and shut case,” Tooson said.

Tooson said he has witness testimony contradicting federal officials' version of events — specifically the claim that gunfire had been exchanged — and submitted a tort claim on May 11 to the federal government on behalf of the Porter family. The government has 45 days to respond, before the family can pursue further legal action.

Porter was born and raised in Compton, according to a neighbor, Jieun Ko, who wrote a remembrance on Substack. Ko called her friend “diligent and hardworking.” He had two daughters, aged 10 and 20, when he was killed.

Why Porter’s family has questioned that account

The claim letter sent to the federal government says that Porter was “attempting to peacefully return to his residence” when he was killed. The letter claims Palacios did not personally observe Porter firing a weapon, and that he failed to use de-escalation tactics before opening fire. “The use of deadly force was unjustified, unreasonable and without legal cause,” the letter reads.

"Although Mr. Porter was armed," the letter said, "he never posed an imminent threat to Agent Palacios or the public."

Tooson told LAist he interviewed two witnesses shortly after the shooting whose description of the shooting differ from what Palacios’ attorney and federal officials have described.

According to Tooson, both witnesses to the interaction between Porter and Palacios said they did not hear Palacios identify himself as a member of law enforcement. They also said they heard just three gun shots.

The autopsy report from the L.A. County Medical Examiner says Porter was shot three times.

If the two had exchanged gunfire — as federal officials claim — Tooson said the witnesses would have heard more shots.

“It’s not possible. If he was shot three times, they’re going to hear more than three shots,” Tooson said.

The witnesses also told Tooson the shots sounded like they came from the same weapon.

Tooson said he first spoke to the witnesses when canvassing the apartment complex the day after the shooting and that one of the witnesses provided footage from a Ring camera to LAPD that captured audio of the shooting.

Representatives for LAPD, ICE and DHS have not responded to requests for comment.

At a news conference in January, Tooson, who said the shooting "could be race related, and certainly a hate crime," publicly called on Attorney General Rob Bonta to investigate Porter's killing.

Tooson told LAist he sent a letter and spoke to a representative at the Attorney General’s office but has not heard back.

Tooson said his main goal is to get transparency for Porter’s family. “They don’t have any other information other than the story that’s been shared, and it’s not adding up.”

Troubling allegations surface in custody dispute 

Palacios was first identified as the off-duty ICE agent who killed Porter by the Los Angeles Times in January based on court records filed in an unrelated custody dispute between Palacios’ girlfriend and her ex-husband.

That custody dispute has continued, with a judge granting a temporary restraining order against Palacios on May 22 that barred him from contacting his girlfriend’s ex-husband or their children. Omar Escorcia, the ex-husband, asked for the restraining order because, he told the court, Palacios threatened to send ICE agents to his home in a phone call on April 30.

Escorcia recorded the call and submitted that recording and transcripts to the court as evidence. Palacios separately recorded that conversation and a subsequent call, and also submitted it to the court.

According to the transcripts (LAist also reviewed the audio file), Palacios said during the conversation that he believed Escorcia leaked his name and involvement in the Porter shooting to activists.

“Because at this point, my agency’s going to go after you for conspiracy for what you did,” Palacios said, according to the transcript.

“Threats of violence and abuse of power were directed toward me and my family,” Escorcia wrote in the petition for the restraining order.

Escorcia added that Palacios “gives the impression that he is untouchable no matter who he hurts.”

In his petition, Escorcia states: “Palacios admitted to having murdered his neighbor on 12/31/2025 while telling me he would use his position as a federal agent to come after me at my home and to make criminal charges against me.”

Palacios has denied making any admission to Escorcia about the Porter shooting. He also denies making threats.

In February 2025, a court barred Palacios from contact with his girlfriend’s children, Escorcia wrote in the petition.

“The court was told about domestic violence by Palacios and his use of homophobic, racial, and abusive language,” Escorcia wrote. Palacios, in his response, said those allegations were investigated and not substantiated — and shared findings from social workers.

The 2025 orders are permanent, so Palacios violated them by threatening to send agents to his home, Escorcia wrote.

In the call Escorcia recorded, Palacios warns him that two agents are going to come to his home to interview Escorcia about his alleged sharing of Palacios' name, adding, "make sure no one's there that doesn't have papers, OK?"

Palacios denied Escorcia’s allegations

Palacios has denied Escorcia's allegations that he was threatening. He also denied the allegation that he admitted to killing anyone, in a response filed to the court on June 9.

In the response, Palacios wrote that Escorcia has “never liked that (Palacios) was in law enforcement.”

Palacios alleged that Escorcia has shared images on social media encouraging “vigilante justice” against him. He also wrote that he has had to move due to threats and harassment and said allegations of domestic violence and use of racist language were investigated back in 2025 and not substantiated by multiple agencies.

He wrote that the April 30th call was not a threat against Escorcia. “At that time I wanted him to understand that what he was threatening was a continuation of an ongoing investigation into his attempt to expose my location to the public,” Palacios wrote.

Palacios submitted another transcript of a follow-up call to the court, in which he specifically references Escorcia's mother. In his response to the restraining order, he states he held "no animosity toward [Escorcia] or those in his family, including his mother who has always been nice and polite to me... I was simply stating a fact as individuals need to be documented to be in the country."

Court records show Palacios surrendered six firearms on June 11 as part of the May 2026 restraining order.

According to records submitted to the court, ICE temporarily suspended Palacios’ authorization to carry a firearm on May 29, prompted by the May 22 restraining order. The letter states that Palacios will be reassigned to “work that is administrative in nature.” It also states that the restriction does not constitute a disciplinary action.

What's next

• After LAPD presents its findings, the district attorney may decide to pursue criminal charges against Palacios or to find the shooting was justified.
• Tooson said he expects the federal government to reject the Porter family's tort claim. At which point, the family will pursue a civil claim, Tooson said.