Clarissa Rily v. City of El Monte, et al.
Published: Oct. 15, 2002 | Result Date: Sep. 18, 2002 | Filing Date: Jan. 1, 1900 |Case number: CV0000713DT Verdict – $0
Facts
(according to the defendant): In December 1998, decedent Daniel Rily, 45, resided with his mother, the plaintiff,
Clarissa Rily (in her late eighties). The decedent was disabled from a mental instability (paranoid
schizophrenic), was not taking his prescription medications, and had previous suicide attempts. On Dec. 28,
1999, at approximately 1:41 a.m., the decedent telephoned the El Monte 911 Emergency Operator and made
statements that made no sense. Officers were dispatched to the residence on a call of a mentally ill person to
investigate the situation.
Officers Stanley, Smith and Garcia responded to the call. Upon arrival, they located the decedent in the front
porch with what appeared to be a baseball bat. The decedent ran into the house and slammed the front door.
Officer Stanley asked for additional assistance due to the unusual circumstances. Sgt. Dahl, Sgt. Matthews,
Officer Cassetta and Officer Williams responded to assist. The exterior of the house was contained by the
officers.
Sgt. Dahl contacted Rily on his cellphone. Speaking incoherently, Rily told Sgt. Dahl that he would kill
himself before he came out to talk to the officers. A neighbor told the officers that the decedent's mother,
Clarissa Rily, was also inside the house. The officers felt that Clarissa Rily could be in some danger due to
Rily's mental instability. The officers began to divert Rily's attention and enter the front door. Sgt. Matthews
was asked to bring the "less than lethal" bean bag shot gun.
Clarissa Rily consented to the entry of the officers into the home, and she opened the front door. The officers
confronted Rily in the dining room. Rily had a knife with an approximate two inch blade in his right hand. Rily
was bleeding from his neck from what appeared to the officers to be self-inflicted knife wounds. Rily was
repeatedly ordered to drop the knife and to submit to the officers. Rily refused. Rily threatened to take his own
life and the lives of the officers. Sgt. Matthews fired four "less than lethal" bean bag rounds at Rily, striking
him in the abdominal area. The bean bags had little or no effect on Rily.
Rily suddenly charged at Sgt. Dahl with the knife. Sgt. Dahl was standing approximately 10 feet away from
Rily. Rily struck Sgt. Dahl with the knife on the left bicep, causing a laceration. As Rily charged Sgt. Dahl,
Officer Stanley fired a single shot at Rily, striking Rily in the abdomen.
Rily was approximately three feet away from Sgt. Dahl when he was shot. Officer Stanley believed that Rily
was attempting to kill Sgt. Dahl at the time he fired his weapon. Once shot, Rily stopped the attack, retreated
and was handcuffed by the officers. The officers applied emergency first aid to Rily and immediately called
paramedics. Rily was taken to Los Angeles County USC Medical Center and treated in the emergency room.
He was pronounced dead at 3:10 a.m..
The Los Angeles County Sheriffs office performed a fiber analysis of the fibers found on Rily's
knife and determined that the fibers were consistent with the fibers found on Sgt. Dahl's shirt
where he was cut. The coroner's office confirmed that Rily had self-inflicted knife wounds on his
neck, inflicted before he was shot.
Settlement Discussions
The plaintiff demanded $2,000,000; the defendant offered $150,000.
Damages
Death of an adult son; emotional distress damages resulting from witnessing the shooting death of her son.
Injuries
Death of an adult son; emotional distress resulting from witnessing the shooting death of her son.
Deliberation
six hours
Length
seven days
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