Facts

Early in the morning on Aug. 25, 2006, Ashley Ann MacDonald, a teenager, returned to her mother's home in Huntington Beach, in an agitated state. Plaintiff Lisa Maria Guy, MacDonald's mother, tried to calm her down. MacDonald told Guy that she thought someone had slipped her some kind of date-rape drug during the evening and that she was feeling strange. MacDonald and Guy started arguing and MacDonald proceeded to run out of the house, with Guy following her. McDonald yelled at Guy to stop following her and then turned around to approach Guy with a small pocketknife, at which time she poked Guy in the stomach and cut her on the top of the right wrist. MacDonald then fled out of the house, ending up at Sun View Park around 7:30 a.m. Guy did not seek out medical treatment for her injuries.

A citizen called 911 stating that a man had stopped her on the street to tell her that there was a woman with a knife wound somewhere in the area. While on the phone with dispatch, the caller made contact with the female who was allegedly carrying a knife in her hand.

Defendants Huntington Beach Police Department (HBPD) Officers Shawn Randell and Read Parker responded. When the officers found MacDonald in the park, they brought their car to a stop about 40 feet from her. They both then got out and stood behind the open car doors with their guns drawn and ordered MacDonald to drop her knife. MacDonald did not comply. Instead, she started advancing towards the side of the police car where Officer Parker was standing behind the door. Officer Parker retreated and MacDonald was repeatedly told by both officers to stop and to drop the knife, but she kept advancing while holding the knife in a threatening manner. When she was within 10 feet of the retreating Officer Parker, she quickened her pace and both officers fired.

MacDonald was pronounced dead at a nearby hospital at 8:38 a.m. The autopsy revealed that MacDonald was struck numerous times, causing what the coroner referred to as 15 wound tracks. Toxicology reports did not reveal any type of date-rape drug in her system. However, a high-level of methamphetamine was detected.

Officers detained Guy at her home and her blood was drawn. She was notified of her daughter's death at 1:24 p.m.

The plaintiffs filed suit for wrongful death, unlawful detention, and unlawful search and seizure. Plaintiff Guy also asserted an emotional distress claim against the county defendants, based upon her detention.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that unreasonable, unnecessary and/or excessive force was used against MacDonald, resulting in her untimely death. Plaintiffs also contended that defendants were negligent in their shooting of MacDonald when said shooting was neither legally nor morally justified, or necessary under the circumstances. Plaintiffs argued that defendants could have easily disarmed decedent with pepper spray, mace and/or their police batons; that when both officers got out of their vehicle, with their weapons drawn and pointed at MacDonald, they had no plan, nor were they armed with anything other than lethal weapons. Plaintiffs contended that there was simply no need to provoke a confrontation until the proper resources were in place and a tactical plan was communicated to all involved. Plaintiffs alleged that the officers used poor judgment and this was a bad shooting. As well, plaintiff Guy argued that she was illegally detained for no reason when the defendants cordoned off her home. Guy stated that her rights were violated under 42 USC section 1983 when the defendants took her blood without cause.

DEFENDANTS' CONTENTIONS:
The defendants contended that MacDonald ran at them with a four-inch serrated blade despite warnings to stop; that the force used was appropriate for the safety of the officers. MacDonald's methamphetamine intoxication caused her to be delusional and incoherent. As well, defendants argued that Guy's behavior when they got to her home was bizarre and required her to be detained for a short time in order to ascertain all the facts of the situation.

Injuries

The plaintiffs suffered wrongful death and emotional distress.

Result

Plaintiffs settled with the city defendants on both the wrongful death and emotional distress claims.

Other Information

Plaintiffs' case against the county defendants continues. Guys' claim is also still ongoing.