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Civil Rights
Excessive Force
Wrongful Death

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

Peter R. Navarro


Defendant

Rena M. Shahandeh
(Office of the City Attorney)

Gary G. Geuss

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


#100863

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