A Barstow, Calif., police officer accused of being involved in the fatal shooting of driver Diante Yarber, a young father of three, was convicted of a hate crime back in 2010 but was somehow allowed to return to the police force, attorneys representing Yarber’s family and his passengers say.

Barstow, Calif., police officers fired what sounded like more than 30 bullets into a car in Walmart’s parking lot, killing Diante “Butchie” Yarber, 26, and shooting two other passengers, including 23-year-old Marian Tafoya, who was critically wounded.