He was shot and killed on March 18, 1997 by undercover LAPD detective Frank Lyga, who was determined to be acting in self-defense.

"[1] Around 4:00 p.m. on March 18, 1997, undercover LAPD narcotics detective Frank Lyga shot and killed Kevin Gaines in what he claimed to be an act of self-defense, following a case of apparent road rage.

[6] Lyga was aware that "cap" was a slang term for shooting someone, causing him to believe that Gaines had a gun and intended to use it.

Lyga unholstered his Beretta 92 and held it on his lap, then called for backup using a hidden police radio activated by a foot pedal.

Within three days of the incident, the Gaines family retained attorney Johnnie Cochran and filed a wrongful death lawsuit against the city of Los Angeles for US$25 million.

Judge Schoettler wrote a letter to Chief Bernard Parks stating, "Had the matter been submitted to me for a determination, I would have found in favor of the City of Los Angeles.

"[10] Schoettler's letter alleged political reasons for settling the case, namely, City Attorney James Hahn was preparing to run for mayor and black voters were his primary demographic.