Facts

On Jan. 17, 2013, at 7 p.m., defendant Tulare Police Officers Ryan Richmond and Vince Medina entered into a foot pursuit of Samuel Gonzales, 44, while investigating a possible "beer run" by local gang members. During a struggle with the officers, Officer Richmond twice yelled to Medina that Gonzales was reaching for Richmond's gun. Officer Medina fired two fatal shots into Gonzales' back.

Plaintiff Anita Doporto, Gonzales' mother, filed suit against the officers and the City of Tulare.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that officers used excessive force under both constitutional and state law theories, while also engaging in negligent tactics. Plaintiff claimed that both officers also used their department-issued flashlights to hit Gonzales. Plaintiff also alleged that there was no imminent threat since Richmond's gun was never actually taken from the safety holster and that officers had failed to issue any sort of warning before shooting Gonzales. Plaintiff contended decedent, 44, was homeless and mentally ill.

Plaintiff filed causes of action for wrongful death and negligence.

DEFENDANT'S CONTENTIONS:
Defendants contended that Gonzales was a long time Norteno gang member who was under the influence of methamphetamine and wanted on a felony parole violation. During the ensuing physical struggle to take Gonzales into custody, Officer Richmond twice yelled to Medina that Gonzales was "going for my gun." Fearing that Gonzales would obtain Richmond's gun, Officer Medina fired two fatal shots into the back of Gonzales.

Defendants alleged that the force used was objectively reasonable and that an imminent threat existed since the safety holster provided only a momentary delay to the officer being disarmed. Defendants also alleged that all tactics were proper and according to training and that a warning was not feasible under the circumstances.

Damages

$7,000 in funeral costs. No economic damages claimed.

Result

The jury was deadlocked and the parties agreed that whichever way the jury was deadlocked, the parties would stipulate to a verdict in that parties' favor. After the court polled the jury, which was deadlocked six in the defendants' favor and two in plaintiff's favor, this resulted in a judgment for the defense.

Other Information

FILING DATE: June 12, 2013.

Deliberation

two days

Length

five days