Facts

On Aug. 9, 2016, at approximately 5:30 P.M., Los Angeles Police Dept. officers confronted a group tagging in Boyle Heights. Jesse Romero, 14, fled the scene and Officer Eden Medina pursued the teen on foot. A shot rang out from the revolver Romero was carrying and Officer Medina, believing he and his partner were being shot at by the teen, fired two shots. Romero was declared dead at the scene.

Plaintiffs Teresa Dominguez and Jesus Romero Garcia filed a wrongful death suit against the LAPD and Officer Medina.

PLAINTIFFS' CONTENTIONS: Plaintiffs claimed defendant Eden Medina and his partner, Alejandro Higareda snuck up on decedent while he was sitting with some friends, all between 14-16 years old. When decedent saw the officers' he ran and Medina pursued him. The decedent had about a 75-yard lead on Medina. Decedent ran around a corner out of the sight of Medina, he reached a fence and tossed a gun over a wrought iron fence where it landed on the concrete floor. Plaintiffs claimed that when the gun struck the floor it discharged. The discharge of the gun happened four seconds before Medina shot decedent. Plaintiffs claimed that shortly after the misfire, Officer Medina peeked around a corner, saw decedent was unarmed and shot him dead anyway. Plaintiffs claimed the officer decided too quickly to use deadly force, as decedent already had his hands up when Officer Medina shot him. There was an independent witness that testified she observed decedent toss the gun over the fence, saw that the gun discharged when It landed on the ground, and saw decedent facing the officer with his hands up in a state of surrender. Defendant Medina was wearing a body worn video at the time of the shooting. The body camera captured most of the foot pursuit except for the part when decedent was shot.

Plaintiffs contended that Officer Medina used excessive force in violation of decedent's Fourth Amendment rights and in violation of their Fourteenth Amendment rights to family integrity.

DEFENDANTS' CONTENTIONS: Officer Medina and his partner responded to a 911 call for service at a known gang location for a report of several youths using narcotics, tagging and trespassing. Defendants claimed decedent immediately fled when the officers arrived. Both officers claimed they observed decedent to be clutching his waistband and believed him to be armed with a concealed firearm. Defendants contended that decedent ignored multiple commands to stop running and led the officers on a foot pursuit for several blocks. Defendants contended that just before decedent turned the final corner, both officers observed decedent make a motion as if to retrieve something from his waist. A few seconds later, decedent fired a shot from his revolver he had been concealing throughout the pursuit. When the gun misfired twice, unbeknownst to Officer Medina, decedent tossed the gun. Officer Medina contended he observed decedent in a shooting stance and feared he was about to fire again, and fired two shots from his service weapon.

Defendants asserted that Officer Medina's use of deadly force was reasonable under the totality of the circumstances, mandated by decedent's actions and that Officer Medina properly fired in self-defense.

Result

Verdict and judgment in favor of defendants.

Other Information

Officer Medina filed a motion for summary judgment regarding the plaintiff's excessive force and wrongful death claims, which was denied. After the trial, plaintiffs discovered that one of the jurors was a member of three different social media websites that support the LAPD. Plaintiffs hired an investigator and learned this juror was a member of the L.A. Police Pursuits, News, Facebook page, and 818 Scanner. It was revealed that this juror uses a scanner to follow police pursuits, he arrives at the scenes and he takes pictures and video of the incidents, and then he posts such events on social media. Multiple posts of this juror were obtained that show he supported the LAPD and other law enforcement groups. Consequently, plaintiffs have filed a motion for new trial on the grounds that because the court precluded plaintiffs from introducing evidence about defendant Medina's prior shooting with the presence and participation of a juror that engaged in monitoring police activity and supporting the defendant LAPD, plaintiffs were denied of their fundamental right to due process and a fair trial. The court has taken the motion under submission.

Deliberation

one day

Poll

8-0

Length

four days