Facts

On Feb. 17, 2004, the State Bureau of Narcotics Enforcement received an anonymous tip that a parole violator, David Gonzalez, was residing at an address in San Jose. The Parole Enforcement Bureau requested the assistance of narcotics officers to complete the arrest. The evidence indicated that there was no clear pre-arrest plan formulated by the Bureau of Narcotics officers involved in the potential arrest and there was only one picture which each officer had a chance to glance at before instituting the arrest procedure. The plaintiff’s decedent, Rodolfo “Rudy” Cardenas, 43, drove by the address where the parole violator was believed to be residing and the Bureau of Narcotics Enforcement officer, Mike Walker, mistakenly identified Cardenas for David Gonzalez. The Bureau of Narcotics Department had no black and white vehicles for backup or for participation in any chase. Nevertheless, Walker, in an unmarked, undercover vehicle started to pursue Cardenas. The chase lasted approximately 15 minutes through the urban streets of downtown San Jose in which the Bureau of Narcotics officers requested assistance from CHP and San Jose Police Department, both of whom refused to participate in the case. The decedent got far enough ahead of the pursuing unmarked vehicles to park his vehicle on a San Jose street. He took off down an alley to attempt to evade his pursuer.

The decedent jumped the fence at the end of the ally and as BNE officer Walker approached the fence, he claimed that he yelled “Halt! Police!” and other admonishing remarks and decedent failed to respond. Walker shot at the fleeing suspect, striking him in the back, resulting in his death within minutes after the shooting. Police officers alleged that Cardenas had reached into his waistband to attempt to draw a weapon, but no weapons of any kind were found on the decedent after the shooting. The District Attorney’s Office of Santa Clara County conducted an open Grand Jury, which resulted in an indictment of Officer Mike Walker. The matter was bound over for trial on charges of voluntary manslaughter. The criminal trial lasted approximately seven weeks and resulted in the acquittal of Walker.

The heirs of Rudy Cardenas filed a civil suit against the State of California and Walker alleging a violation of civil rights. The indictment and trial drew the attention of Attorney General Lockyer who proclaimed his belief that no indictment should have been rendered. They assigned Attorney General’s office to assist private defense counsel in defense of the claim. The State contended that the decedent, who had been convicted of possession of drugs and two felony stabbings while in prison, was attempting to commit suicide by police shooting. The State also produced evidence that that decedent was a validated gang member and a local drug dealer. At the time of the shooting, his blood testing showed that he had excessive amounts of methamphetamine in his system.

DEFENDANT'S CONTENTIONS:
The State contended that the use of deadly force was justified under the circumstances because the decedent posed an imminent threat of serious bodily harm to Agent Walker at the time of the shooting.

Injuries

Wrongful death.

Result

The case settled for $995,000, including attorney fees and costs distributed as follows: $85,000 to Jeanette Cardenas (wife of the decedent); $170,000 to Rodolfo Cardenas Jr. (minor son of the decedent); $170,000 to Jessica Cardenas (minor daughter of the decedent); $170,000 to Ruben Cardenas (minor son of the decedent); $150,000 to Regina Cardenas (adult daughter of the decedent); $150,000 to Corina Cardenas (adult daughter of the decedent); $100,000 to Dora Barela (mother of the decedent)