Facts

On April 13, 2003, Mark Thomas Willmon, Jr., a 45-year-old tow truck driver, died after Sacramento police officers restrained him on the lawn of his Meadowview home where he lived with his mother. Methamphetamines and amphetamines were found in Willmon's blood after he died.

Willmon had called 911 in the early morning requesting help from two alleged men who were armed and trying to hurt him. The dispatcher sent officers to Willmon's home where they found him in his driveway in the rain, dressed only in shorts, holding a garden hose and what the officers believed to be a knife in his two hands. Willmon, however, was imagining the men. Willmon told the dispatcher that two armed assailants had invaded his home. The dispatcher told the officers en route that she heard someone in background calling him crazy.

The police asked Willmon to drop the item they believed was a knife, to which Willmon obeyed. Willmon followed the officers' commands but squatted instead of sat on the driveway. According to officers, Willmon became combative, they attempted to restrain him but he did not comply with officers' commands, kicking one and continuing to struggle even after being handcuffed and pepper-sprayed. After that, officers noticed that Willmon was not breathing and rolled him over. They called for medical help and began CPR. Willmon was transported to the hospital and later was pronounced dead.

Willmon's sister had called the police concerning her brothers behavior approximately two weeks earlier. Willmon's mother had allegedly left the house earlier frightened by her son's erratic behavior.

The city of Sacramento as well as three police officers were named defendants in the excessive force suit brought by Willmon's family.

PLAINTIFF'S CONTENTIONS:
Willmon's family said police officer Sean Stokhaug used an improper chokehold on him, fracturing a bone protecting his larynx. Willmon's family contended this was an unnecessary, preventable death.

DEFENDANTS' CONTENTIONS:
Defense counsel contended that Stokhaug used the department-approved carotid artery hold used to temporary disable a combative person. Defendant described plaintiff as violent, struggling with the officers and kicking one. It took three officers to subdue him. Defendant contended it was the high levels of methamphetamine in his system and not the broken bone in Willmon's neck that killed him.

Result

Complete defense verdict. The jury found that all named defendants were not liable for Willmon's death. The city and the third officer Sara Butler were dismissed from the case earlier that week.

Other Information

The case was investigated by the Sacramento Police Department's Internal Affairs Division and Homicide Unit, the Sacramento County's D.A.'s Office, and the City's office of Public Safety Accountability. All concluded that the officers' action were justified and within the parameters of the department's policy and of the law.

Deliberation

one day

Length

2.5 weeks