Samantha Lopez v. Shawn Aitken, Jacob Pavlenko, Jonathan Fecteau
Published: Apr. 2, 2011 | Result Date: Mar. 17, 2011 | Filing Date: Jan. 1, 1900 |Case number: 3:07-cv-02028-JLS -WMC Verdict – Defense
Court
USDC Southern District of California
Attorneys
Plaintiff
Defendant
Experts
Defendant
William Lewinski
(technical)
Richard J. Geller
(medical)
Elmer J. Pellegrino
(technical)
Facts
On Oct. 3, 2006, three San Diego County sheriff's deputies responded to a 911 call from cross-claimant Araceli Gocobachi. She reported that her husband, David Lopez, was at her residence in violation of a restraining order she had obtained, that he threatened her with a knife, was drunk and under the influence of other controlled substances, and said he would kill her if she called the police. The deputies arrived while Ms. Gocobachi hid in a neighbor's mobile home with her children.
The deputies searched for Mr. Lopez in the mobile home community. The deputies found Lopez in another person's home and attempted to talk to Lopez. Lopez was uncooperative and charged and fought the deputies on a small porch. The deputies attempted to subdue Lopez, but even the canine deployed had no effect on Lopez – who was on methamphetamine. During the fight, Lopez reached for his waist area and the deputies thought he was reaching for a weapon. The three deputies shot Lopez twelve times, and he died at the scene.
Lopez's survivors Gocobachi, and Samantha Lopez, his daughter from a previous relationship, sued the County of San Diego and the deputies involved in the shooting.
Settlement Discussions
SETTLEMENT DEMANDS: Samantha Lopez demanded $300,000. Araceli Gocobachi demanded $150,000. Defendants made no offer.
Result
A verdict was rendered in favor of the defense.
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