Reanna Hermosillo, as guardian ad litem to C.E.L.R., a minor, individually and as successor-in-interest; B.I.R., a minor, individually and as successor-in-interest; D.R.R., a minor, individually and as successor-in-interest; and J.I.H., a minor, individually and as successor-in-interest to decedent Enrique Carlos Rodarte v. The County of San Bernar
Published: Jun. 10, 2017 | Result Date: Apr. 19, 2017 | Filing Date: Jan. 1, 1900 |Case number: 5:15-cv-00033-DTB Verdict – Defense
Court
USDC Eastern
Attorneys
Plaintiff
Mark R. Pachowicz
(Pachowicz Goldenring, APLC)
Jennie Ann Hendrickson
(Pachowicz Goldenring, APLC)
Defendant
Eugene P. Ramirez
(Manning & Kass Ellrod Ramirez Trester LLP)
Kayleigh A. McGuinness
(Manning & Kass Ellrod Ramirez Trester LLP)
Experts
Plaintiff
Kenneth Hubbs
(technical)
Kris Mohandie
(technical)
Facts
On Jan. 11, 2014, the San Bernardino County Sheriff's Dept. SWAT team was involved in the fatal shooting of Enrique Carlos Rodarte at a residence in Victorville.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that the civil rights of decedent were violated, and deputies used excessive deadly force in violation of the Fourth Amendment and United States Constitution, and which caused the death of Rodarte.
DEFENDANT'S CONTENTIONS:
Defendants contended Rodarte brandished a gun at a family party, and fled. He pointed a weapon at deputies while under pursuit, crashed his vehicle into a wall, and barricaded himself in a house with the handgun. After several hours of standoff, Rodarte appeared at the front door and extended his middle finger, then slammed the door. Rodarte subsequently appeared again in the doorway, with a beer in his hand, wearing a fedora, sunglasses, and a poncho, yelling obscenities. He refused to obey orders to show his hands, and thrust his right arm in the front pocket of the poncho. The deputies shot and killed Rodarte, believing it necessary to prevent him from killing them or their partners.
Defendants disputed all of plaintiffs' claims, liability and damages. Defendants contended the use of force was reasonable and the nature and extent of the injuries claimed by the plaintiffs.
Result
Defense verdict.
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