Maria Parra, individually and as successor in interest to the Estate of Sergio Rosas; Jose Rosas, individually and as successor in interest to the Estates of Sergio Rosas v. City of Los Angeles, Jorge Alfaro, Jacob Avalos, and Does 1 through 10, inclusive
Published: Jun. 18, 2011 | Result Date: May 13, 2011 | Filing Date: Jan. 1, 1900 |Case number: CV 09-05304 PSG (JCx) Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Defendant
Rena M. Shahandeh
(Office of the City Attorney)
Cory M. Brente
(Office of the Los Angeles City Attorney)
Experts
Plaintiff
Jan W. Duncan
(medical)
Defendant
Harry Anderson Markel
(technical)
Jimmy L. Trahin
(technical)
Mike Delgadillo
(technical)
Facts
On March 12, 2008, Los Angeles Police Department Gang Officers Jorge Alfaro and Jacob Avalos were working a footbeat in the Ramona Gardens Housing Development, primarily to enforce an injunction against the Big Hazard gang, which dominates the area. The officers heard a radio broadcast that a gang member was riding his bicycle in their direction. They took cover behind two structures and soon saw Sergio Rosas, riding his bicycle toward them. Officer Avalos moved out of his position of cover and Rosas tumbled from his bicycle, removing a handgun from his waistband as he gained his balance. Rosas ran into a narrow space between two trailers.
Officers Avalos and Alfaro chased after Rosas, who started turning toward Officer Avalos with the handgun extended. Believing they would be shot, both Officer Avalos and Officer Alfaro fired their weapons at Rosas in self-defense. Rosas then threw the handgun over one of the trailers and lowered himself to the ground. Rosas was transported to the hospital, where he was pronounced dead from multiple gunshot wounds. The Los Angeles County Coroner's Office determined that Rosas had active cocaine in his bloodstream at the time of his death.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that Rosas was shot while he was running away from the officers and did not pose a deadly threat.
DEFENDANT'S CONTENTIONS:
Defendants contended that the officers reasonably believed that Rosas posed an imminent threat to their lives and their use of deadly force was therefore justified.
Result
Defense verdict.
Deliberation
one hour
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390