Facts

On Dec. 19, 2015, Ruben Herrera, 26, was fatally shot by Officer Alejandro Downey of the Los Angeles Police Dept., while inside the Harbor UCLA Medical Center located in the City of Torrance.

Decedent's parents, Ruben Ordaz and Graciela Herrera, filed suit against the officers and the City of Los Angeles for survival damages and wrongful death damages.

PLAINTIFF'S CONTENTIONS: Herrera was kicked multiple times by Officer Downey, including kicks to his head and face. A Taser was used on Herrera multiple times, in both probe and drive stun mode, including simultaneous deployment of the Taser and to his neck. An LAPD policy prohibits kicks to the head and Taser applications to the neck because they could be potentially deadly. In fact, a doctor who witnessed the shooting even yelled at the deputies during the incident to stop shooting the Taser to Herrera's neck. Further, there were marks found on Herrera's neck at autopsy, which are consistent with being caused by a Taser. Herrera was admitted to the hospital for treatment of injuries he sustained while being arrested in front of his home by other LAPD officers. The original call for service was for an individual, who was possibly mentally ill, throwing glass bottles. Downey denied having this information prior to the shooting. The officers at the initial scene punched, kicked and slammed Herrera to the ground. These officers also used a Taser on Herrera and applied a carotid restraint on him. During the trial, Downey testified that prior to shooting Herrera, he was aware that Herrera allegedly grabbed the officers' guns and/or belts during the initial incident. However, in Downey's prior recorded interview with internal affairs investigators, Downey told them that he had no information that Herrera allegedly tried to grab the officers' guns, belts or equipment, prior to the shooting. This audio-recorded clip Downey was played for the jury during the trial.

Herrera received treatment at the hospital for approximately five hours before he was medically cleared to be booked, at the police station. Shortly after being cleared, Herrera's treating physicians and nurses exited the hospital room. Only Officers Downey and Adragna were inside of the room with Herrera when the handcuffs were removed. At least one nurse testified at trial that after his handcuffs were removed, Herrera stood up from the bed, walked towards the wall, and faced the wall in compliance with the officer's commands to do so. After facing the wall, the nurse also testified that Herrera tried to run out of the room, as opposed to trying to attack the officers with a metal stool. After exiting out the hospital room into the hallway, the officers continued to deploy their Tasers on Herrera, who went down to the floor shortly thereafter. The officers alleged that while in the hospital hallway, Herrera grabbed their guns, belts or equipment. However, none of Herrera's DNA was found on any of the officers' items. An LAPD criminalist also testified that the investigating detective instructed her not to perform any fingerprint testing on these items for unknown reasons. Further, multiple doctors and nursed who witnessed the shooting testified that Herrera never grabbed or attempted to grab any of the officers' guns, belts or equipment, and that Herrera never punched, kicked or tackled any of the officers.

Herrera was shot in the back as he lay face down on the ground of the hospital floor. Plaintiffs claimed that Officer Downey used excessive and unreasonable force in violation of decedent's fourth amendment rights and in violation of state law for battery. Plaintiffs asserted that the City of Los Angeles is vicariously liable for Officer Downey's unlawful killing of decedent.

Officers Downey and Adragna's credibility was greatly called into question during the trial. For example, the officers themselves could not agree on Herrera's body position at the time of the shooting. Downey said that Herrera was on his feet and reaching for Downey's gun at the time of the shooting, not faced down on the ground. Officer Adragna had a vastly different account and testified that Herrera was actually lying on top of him, while he was on the ground underneath Herrera, at the time of the shooting. However, both the physical evidence and the witness testimony greatly contradicted both officers' version of the shooting.

DEFENDANTS' CONTENTIONS: The involved officers alleged that immediately after being removing the handcuffs, Herrera jumped out of the bed, picked up a metal stool and threw it at the officers, striking Downey. In response, both officers pulled out their Taser guns and deployed it in probe mode while inside the room. While in the hospital hallway, the officers alleged that Herrera punched, kicked and tackled them. Both officers also alleged that Herrera grab their guns, belts and equipment as well. The defense did call witnesses, who testified that it appeared Herrera was grabbing towards the officers waist area.

Both officers, Joseph Adragna and Alejandro Downey denied ever using a Taser on Herrera's neck.

Insurer

The City of Los Angeles is self-insured.

Injuries

The medical examiner from the Los Angeles County Coroner's Officer testified that Herrera was shot in the back and that there was a shored exit wound located near the left-front area of Herrera's ribcage. According to the medical examiner's testimony at trial, the shored exit wound indicated that Herrera's chest area (right below the left nipple) would have had to of been pressed against a hard surface, like a hospital floor, at the time of the shooting. Further, multiple doctors and nurses, including both of Herrera's treating physicians, testified that he was face down on the ground at the time of the shooting, consistent with the medical examiner's findings and in contradiction of both officers' story. Herrera did not immediately die from his injuries and ultimately bled to death.

Result

The jury awarded plaintiffs $3.5 million in damages. The jury unanimously found that Officer Downey used excessive and unreasonable force against the decedent in violation of his fourth amendment constitutional rights and in violation of state law for battery.

Deliberation

two hours

Poll

Unanimous verdict and the jury was polled afterwards.

Length

four days