Facts

On Oct. 11, 2003, decedent Billye Venable Sr. and his sibling, Dominic Venable, stopped their vehicle for defendant police officers Anthony Bueno and Christopher Leahy at 65th and Broadway in San Diego. Decedent was a passenger in the car, a violation of his parole. As the decedent was subject to an arrest warrant, Bueno and Leahy were suspicious and they radioed defendant police officer James Hunter to identify the decedent.

After Hunter identified the decedent, the other officers requested that decedent exit the vehicle. He attempted to run, but was detained and forced to the ground. Hunter was on top of decedent, who had his arms restrained behind him; Bueno and Leahy kicked the decedent.

PLAINTIFFS' CONTENTIONS:
The plaintiffs, decedent's family members, claimed that the defendant used excessive force in apprehending the decedent. Plaintiffs also contended that Hunter drew his gun and killed the decedent with a shot to the skull.

DEFENDANTS' CONTENTIONS:
The defendants contended that the plaintiffs offered inaccurate facts. The defendants stated that the decedent gave them a fake name, Jonathan Tucker; that he had fled from police on three occasions; and that he tried to run on this occasion as well.

Further, the decedent did not comply with an order to show his hands and kept pulling at Leahy's gun. Because of this struggle, Leahy felt his life was in danger, causing him to place the gun on decedent's head and say, "Let go of the gun, Billye, I'm going to shoot you, let go of the gun!" Subsequently, Hunter shot the decedent in the head and CPR was performed. The decedent was transferred to a hospital where he was later pronounced dead.

Injuries

Death.

Result

A verdict was returned in favor of the defense.

Other Information

FILING DATE: Aug. 5, 2005.