Facts

On Nov. 19, 2011, at 10 p.m., Jose Luis Ramirez was driving a 1999 Chevrolet Blazer in Ventura County. As Ramirez drove through the City of Oxnard on Redwood Street, a police car began to follow Ramirez's vehicle. The pursuing vehicle was driven by defendant police officer Gary Jones of the City of Port Hueneme Police Department. Officer Jones followed the Blazer because he believed it was possibly stolen. Jones' vehicle had its headlights on and eventually activated his lights after the cars stopped. Before Jones activated his lights, Ramirez stopped the Blazer by pulling partially into a driveway at an angle. When Ramirez reversed the Blazer, Jones fired seven shots at Ramirez, striking him four times in the right hand, left armpit, upper back, and left temple. The shot to the left temple exited the right side of Ramirez's head and determined to be the cause of death. Ramirez was unarmed, but Jones claimed he shot because he feared that the Blazer was about to strike him as it reversed.

The Blazer reversed approximately 10 feet before striking Jones' patrol car. Jones stated he fired his seven shots within two to three seconds. None of Jones' shots were fired through the rear windshield of the Blazer, and four shots were fired through the driver's window. The gunshot wound trajectories through Ramirez's body were generally left to right. The city's policies strongly discouraged shooting at moving vehicles and officers are trained to get out of the way, if possible, instead of shooting.

Ramirez remained in a deep coma due to the gunshot wound to his head until he succumbed to his injuries four days later.

Jose Ramirez, the decedent's father, brought claims individually and as successor-in-interest to the decedent, and Eileen Ramirez, the decedent's stepmother, brought claims individually.

Plaintiff brought this action based on assault and battery, deprivation of federal civil rights, excessive force, deliberate indifference to medical needs, municipal liability, wrongful death, wrongful death-negligence, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, and negligent hiring, supervision, retention and training.

The only claims that were pursued to trial were federal section 1983 claims for excessive force under the Fourth and Fourteenth Amendments.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contented that the shooting was unreasonable and excessive because Jones was not in the path of the Blazer when he fired any of the shots, and admittedly fired the last shots (including the fatal shot) through the open driver's window of the Blazer.

DEFENDANT'S CONTENTIONS:
Defendants contended that Jones was in reasonable fear of being struck by the Blazer when he shot the decedent. Jones had information the Blazer was potentially stolen and decedent had ignored his commands to show his hands and had unsuccessfully attempted to exit the Blazer. Jones stated he was between his car and the Blazer when it suddenly reversed toward him and it was moving during his shots.

Damages

Plaintiffs sought damages for their own harm from the wrongful death of decedent, as well as decedent's survival damages for pain and suffering and loss of life.

Result

The case settled for $1 million during mediation.

Other Information

EXPERT TESTIMONY: Plaintiffs' engineering and accident reconstruction expert, Philip Wang, was able to reconstruct the path of the Blazer and the bullet trajectories and determine that Jones was not in danger of being struck when he fired all seven shots. Further, it was determined that the Blazer had come to a stop against Jones' police car within 1.7 seconds, before Jones fired the last four shots (including the fatal shot). In addition, a third-party witness described hearing a pause during the shots. MEDIATOR: Hon. Enrique Romero, ret. of ADR Services Inc. FILING DATE: Nov. 13, 2012.