Facts

On Sept. 14, 2016, at approximately 8:40 p.m., Officers Andrew Buesa and Juan Zepeda arrived at the residence of David Powell Jr., in response to a call for service by plaintiff Loretta Chavez, Powell's sister, requesting help stabilizing Powells mental condition.

At some point, Powell was shot by defendant officers. Plaintiffs filed suit against the officers and the City of Barstow.

PLAINTIFF'S CONTENTIONS: Plaintiffs contended that the officers were aware that Powell was mentally ill and had no information that Powell could possibly have a weapon. Powell was unarmed during this entire incident.

After locating Powell in the backyard of his residence, Officer Buesa pointed his Taser at Powell, and both officers commanded him to put his hands in the air. Powell put his hands in the air and stated that he just wanted to talk. Officer Buesa deployed his Taser on Powell, and then the officers aggressively wrestled him to the ground. Powell repeated that he just wanted to talk, and asserted that he paid the mortgage. Plaintiffs claimed Officer Zepeda punched Powell in the face repeatedly and struck him in the head with his duty flashlight. As a result of the force applied by the officers, Powell and the officers fell to the ground. Officers Buesa and Zepeda both fired at Powell, who was on the ground at the time of the shots. The evidence showed that the shots were fired from approximately 10 to 15 feet away.

After the shooting, plaintiff Rosemary Renteria, Powell’s mother, ran to Powell and begged him not to die. The officers grabbed Renteria, who is disabled, and pulled her away from her dying son. The officers did not timely summon medical care or permit medical personnel to treat the decedent. Plaintiff contended that when the paramedics arrived, they treated the officers for minor scrapes prior to even approaching Powell to assess his severe injuries. Powell eventually died at the scene from the gunshots. The officers were wearing body cameras. However, the incident was not captured on video.

Plaintiffs alleged that the shooting, use of Taser, and beating of the decedent was excessive and unreasonable because the decedent did not pose an immediate threat of death or serious bodily injury to any person at the time the officers used force against him.

Plaintiffs Rosemary Renteria and David Powell, Sr., Powell’s parents, asserted causes of action for violation of 42 U.S.C. Section 1983, including excessive force, unreasonable detention and arrest, denial of medical care, municipal liability, and substantive due process for wrongful interference with familial relationship, false arrest/false Imprisonment, battery, negligence, including negligent use of force and negligent pre-shooting tactics, and violation of Cal. Civil Code Section 52.1. Plaintiffs Rosemary Renteria, Loretta Chavez, and G.L., Powell’s nephew, observed the shooting of their decedent and each brought a claim for negligent infliction of emotional distress/bystander negligence.

DEFENDANT'S CONTENTIONS: Defendants City of Barstow and Officers Andrew Buesa and Juan Zepeda denied plaintiffs’ allegations and claimed that each officer fired in self-defense or in defense of his partner officer.

Injuries

Plaintiffs suffered severe emotional distress as a result of the untimely death. In addition, Renteria, Chavez, and G.L., suffered severe emotional distress as a result of witnessing the shooting and use of force against the decedent. Renteria also suffered financial loss and loss of support, as Renteria is disabled and decedent was her full-time caregiver.

Result

The case settled for $2 million.