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SCOTUS rules ex-LAPD cop, Instagram model can be sued by daughter of man she shot dead
Ben Chapman · 2026-06-23 · via New York Post

An Instagram model and ex-LAPD cop who shot dead a knife-wielding maniac at the scene of a traffic collision is now on the hook for an excessive force lawsuit from the man’s daughter, after a ruling from the US Supreme Court.

Toni McBride, nicknamed “Top Shot” for her sharpshooting skills, can face a lawsuit from the family of Daniel Hernandez, who approached her with a boxcutter after a car wreck in downtown LA on April 22, 2020 — Supreme Court justices ruled Monday.

Hernandez’ 18-year-old daughter, Melanie Hernandez, filed her wrongful-death suit against gun model McBride on July 10, 2020, about a month after the LAPD released shocking footage of the fatal shooting from McBride’s bodycam.

Police officer Toni McBride smiling while holding a handgun.

Ex-cop McBride is still a gun influencer.

Toni McBride, a police officer with long dark hair, smiling while wearing a black zippered top.

She left the force after the 2020 fatal shooting.

The ex-cop, who has posed for magazine covers and has more than 124,000 Instagram followers, has spent time rubbing elbows with Hollywood celebs like James Cameron, Keanu Reeves, Michael B. Jordan and Chris Hemsworth at a Simi Valley gun range where stars train with firearms.

But the Supreme Court says she can still be sued after her confrontation with a shirtless, possibly high-on-meth Hernandez at the scene of a three-way car crash ended with six shots fired and the 38-year-old man’s death.

McBride left the LAPD after the shooting but remains active as a “2A advocate” on social media.

Bodycam footage shows a person lying on a street, with an officer's arm and gun visible in the foreground, and a caption about unknown injuries and a knife.

McBride’s shooting of Hernandez was found to be “in policy” with the LAPD’s rules. Los Angeles Police Department

Toni McBride laughing while wearing shooting glasses and a holster with a gun and magazines.

McBride has rubbed shoulders with Hollywood stars at a shooting range for A-lsters. Instagram/tonimcbrideofficial

The Court has refused to block an excessive force lawsuit against McBride over the objections of Justices Clarence Thomas and Samuel A. Alito Jr, rejecting an appeal from the Los Angeles city attorney asking to toss the suit from the family of Hernandez.

The city attorney had asked the Supreme Court to reverse a lower court’s ruling that allowed a jury to decide if McBride too far when she fired two final shots at Hernandez after he had fallen to the ground.

No dice, said SCOTUS, paving the way for a lawsuit against the gun-loving influencer.

A utility knife next to a ruler on asphalt, with specks of white powder.

Hernandez was holding this box cutter when McBride shot him.

Flyer for a "Justice for Daniel Hernandez" rally with a photo of Daniel Hernandez.

His death prompted protests.

In LAPD bodycam video of McBride’s clash with Hernandez, the ex-cop is seen responding to a 911 call of a man trying to stab himself at the scene of the crash.

The harrowing video shows McBride drawing her gun and telling two motorists to leave their cars and step away from their vehicles.

Hernandez then appears in the frame, walking toward McBride in the middle of the street, and holding what appears to be a boxcutter in his right hand.

Police body camera footage shows an officer pointing a gun at a man walking away from a crashed car on a street.

McBride is heard warning Hernandez in video of the shooting.

A woman with long black hair, wearing a camouflage jacket and safety glasses, aims a rifle forward.

McBride is a sharpshooter. Instagram/tonimcbrideofficial

“Don’t move,” says McBride, gesturing with her left hand for him to halt.

McBride then tells Hernandez to “drop the knife” four times, but he keeps moving in the cop’s direction, still grasping the weapon.

McBride then opens fire, shooting Hernandez, who was about 30 feet away, twice. He falls to the pavement on his side, but immediately kneels to get back up, and McBride fires four more rounds.

The LAPD police commission found shooting was “in policy” under the department’s rules.

A woman in a black tank top and tactical belt flexing her bicep.

SCOTUS ruled Monday McBride can be sued.

A man crawling in the street near crashed cars, with onlookers standing by.

McBride shot at Hernandez six times. Los Angeles Police Department

But the family of the berserk flooring-installer says it was excessive.

“I feel like [McBride] was set to kill. There was no attempt to deescalate whatsoever,” Marina Vergara, Hernandez’s older sister, told Los Angeles Magazine at the time.

The lawsuit claims “Hernandez posed no threat or danger to anyone and none to McBride in particular.”

Family members argue McBride was too quick to shoot at Hernandez, who was at least 30 feet away from her and not near bystanders.

Police officer Toni McBride with long dark hair, wearing a black sports bra and tactical gear, holding a large rifle.

McBride has more than 124,000 Instagram followers.

A police body camera captures a man in the street with his arms extended and a wrecked car in the background.

Hernandez had meth in his system, according to an autopsy report. Los Angeles Police Department

An autopsy showed Hernandez had methamphetamines in his system, the Los Angeles Times reported.

McBride attorney Larry Hanna has argued that the former cop was simply following protocol.

“She put her body in front of the citizens who were there and kept telling Hernandez to stop,” Hanna told NBC. “She put out her hand, she did everything she could.”