Facts

In the early morning hours of July 24, 2007, officers Paul Razo and Minerva Mota responded to a radio call of an "ambulance cutting" at a residence in Hollywood. The owner of the house told the officers that another housemate had stabbed one of his housemates. The stabbing victim, Michael Kramer, also came outside, covered in blood. An ambulance was already parked in front of the house and Mota directed Kramer to go there for treatment. A few moments later, the owner of the house notified the officers that the suspect, decedent Mark Gregg, was coming out of the front door.

Mota and Razo saw Gregg standing in the doorway holding a knife in his left hand. Both officers yelled to Gregg to drop the knife, but he merely stared straight ahead in a "zombie-like" fashion. Mota called for a backup and a "Code Tom" (Taser). Simultaneously, Gregg began to walk across the front porch and down a walkway toward the sidewalk. Both officers started moving parallel to Gregg on his right side, yelling continuously to drop the knife. Gregg still did not respond and continued walking in the direction of the ambulance where Kramer was being treated.

Mota announced in a loud voice to Razo that she was going to shoot. Both Gregg and Razo reached the sidewalk in front of the house. Gregg allegedly turned and started to walk toward Razo, and allegedly raised the knife to chest level. Both officers fired their guns at Gregg, striking him four times. Gregg was transported to the hospital, where he was pronounced dead from multiple gunshot wounds.

The total amount of time between Gregg's appearance in the doorway to the shooting was approximately 35 seconds.

PLAINTIFF'S CONTENTIONS:
The plaintiffs, the decedent's estate and his minor daughter, claimed that City of Los Angeles, the Los Angeles Police Department, the officers and Chief William Bratton were liable for violating the decedent's civil rights by using excessive force, assault and battery and negligence. They alleged that Bratton ratified unconstitutional conduct by the officers.

The plaintiffs argued that officers Mota and Razo acted unreasonably because they (1) left a Taser gun in the trunk of their vehicle when they responded to the call; (2) did not call for backup until too much time had passed; (3) shot Gregg when they were over 25 feet from him; (4) shot Gregg when he was not moving, but instead had come to a complete stop; and (5) shot Gregg when no person was in imminent danger. They also presented evidence that Gregg never turned toward Razo nor raised the knife; instead Gregg was standing still when he was shot.

DEFENDANT'S CONTENTIONS:
The defendants contended that the officers acted reasonably in responding quickly to the stabbing call rather than taking time to equip themselves with a Taser; and that the Taser was not an appropriate tool to use under the rapidly evolving circumstances in any event. The defendants also presented expert ballistics testimony that the physical evidence supported the testimony of the officers that the decedent turned toward Razo.

Result

Defense verdict.

Deliberation

two hours

Length

four days