Brenda Stephen, et al. v. City of Port Hueneme, et al.
Published: Nov. 11, 1995 | Result Date: Oct. 19, 1995 | Filing Date: Jan. 1, 1900 |Case number: CV944655LEW – $0
Judge
Court
USDC Central
Attorneys
Plaintiff
Defendant
Facts
On November 11, 1993, during the early morning hours, Santos Arias, an unemployed 23-year-old man, was ejected from the Top Deck Bar in Port Hueneme, for being drunk and disorderly. He returned a short time later with a 12-gauge shotgun and discharged 2 rounds into the door of the still-inhabited business establishment. Defendant Port Hueneme Police Department was notified of the shooting and information concerning the suspect. Arias then encountered a friend, who tried to disarm Arias. The suspect told his friend not to worry and that the shotgun was empty. Arias opened the slide and showed his friend that the weapon was not loaded. Moments later, officers from Port Hueneme Police Department and Oxnard Police Department encountered Arias in a service station near the "shots fired" call. Initially Arias complied with the commands of the Defendant officers to drop the weapon and lie down. Arias then stood up and picked up the shotgun despite the commands of the police officers. The friend then arrived at the scene and advised the officers that the shotgun was empty and begged them not to shoot Arias. Moments later, Arias pumped the shotgun and pointed it in the direction of the officers. Seven of the nine officers at the scene fired 36 rounds from pistols and 2 shotgun rounds at decedent, striking him 21 times. The decedent was found to have a .29 blood-alcohol content at the time of his death; and the shotgun was empty. Plaintiff was the decedent's mother and two minor children.
Settlement Discussions
Defendants contend they made no offers and Plaintiff(s) demanded $1,000,000.
Damages
Death of son/father.
Result
This case was bifurcated and tried as to liability first. A defense verdict was reached as to 3 of the Defendant officers; but the jury was deadlocked (6-2 in favor of Defendants) as to the remaining 4 officers.
Other Information
This case was filed on July 7, 1994; one year, three months, and twelve days prior to this result.
Deliberation
2.5 days
Poll
8-0 for 3 Defendants, 6-2 for Defendants on hung jury
Length
5 days
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