Facts

On May 29, 2009, San Pablo Police Officer Mark Galios attempted a traffic stop of a green Camaro, after he observed two male occupants acting suspiciously and driving recklessly, violating the Vehicle Code. A vehicle pursuit then ensued. During the pursuit, Officer Perino joined Galios. The pursuit began and ended in the City of Richmond after the driver, Melvin Hardnett, stopped or crashed the vehicle and he and his passenger fled on foot in opposite directions.

The officers chased after Hardnett. Subsequently, both officers engaged in a physical altercation with Hardnett, which drew a crowd of onlookers. The altercation with Hardnett was a violent one as Hardnett did not submit to arrest. During the altercation, there were allegations that Hardnett attempted to grab Galios' gun several times and was shot one time at close range during his third such attempt.

PLAINTIFF'S CONTENTIONS:
In a claim alleging wrongful death, witnesses stated that Perino raised his firearm to the crowd and Hardnett, eventually firing one close-range shot at Hardnett after being directed by Galios to do so. Witnesses also claimed that Hardnett had stopped struggling and had not attempted to take the officers' gun at the time he was shot.

DEFENDANTS' CONTENTIONS:
The officers contended that Hardnett violently resisted arrest, assaulting and battering them. The officers claimed that they inflicted "distraction strikes" in response to Hardnett's continuous violent resistance, which were not effective in stopping Hardnett's resistance. The officers further contended that Hardnett was shot only after he attempted to grab Galios' firearm several times after a violent struggle. The officers alleged that the crowd that gathered was hostile and aggressive, some throwing rocks and yelling death threats at officers. Some witnesses claimed that Hardnett had attempted to take the officer's gun. The officers contended that they were in fear for their lives and used deadly force to stop the violent resistance of Hardnett, who they alleged was significantly under the influence of cocaine at the time of the incident.

Injuries

Hardnett died as a result of the shooting.

Result

The jury rendered a verdict in favor of the defense.

Other Information

FILING DATE: July 9, 2007.