Facts

On Sept. 22, 2004, plaintiff Vince Catanho, Saul Cerros, and Patrick Roybal (collectively, the group) drove their SUV to a parking lot outside the Naval Air Station in Coronado. The group drove their SUV and a stolen motorcycle toward the exit. A patrolman who witnessed the activities had placed a radio call about a possible theft, and Naval Security Officers responded to the scene and used their car to block the exit. The group stopped and was asked to retrieve their identification. They drove away in their SUV and the motorcycle, still in the lot. More officers arrived and tracked down the group and stopped them again. The officers drew their weapons. The Catanho and Cerros mounted the motorcycle and drove in circles around the lot, while the officers commanded them to stop. The motorcycle drove toward the exit. As the motorcycle passed the officer, the officer fired three shots. One struck Cerros in the back, the other struck Catanho in the back of his arm. Cerros died later. Catanho and Cerros' estate brought suit against defendant United States of America.

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that the officers assaulted Catanho and Cerros and were also liable for battery, negligence, and wrongful death.

DEFENDANT'S CONTENTIONS:
The defense claimed that the officer acted in self-defense and acted reasonably during the altercation.

Result

The court reached a verdict for the defense on the grounds of self-defense for the assault and battery claims and failure to prove elements for the negligence claim.

Other Information

FILING DATE: April 27, 2006.