Facts

Defendant Riverside County Sheriff Deputies responded to a 5150 call at the home of Sybil Davis. Davis reported that her son, Anthonie Smith, was having a schizophrenic episode, and may not cooperate with the deputies. When the deputies responded, Davis informed them that Smith had attacked his 14-year-old sister. The sheriff deputies confronted Smith and after an altercation, the sheriff deputies shot Smith multiple times. Smith suffered fatal injuries.

Davis filed a lawsuit against Deputy Deylan Kennedy and Corporal Sharee Anthony of the Riverside County Sheriff's Department, the City of Moreno Valley and the deputies' employer, the County of Riverside, in relation to the death of her son.

PLAINTIFF'S CONTENTIONS: Davis contended that she reported a domestic incident to police in relation to her son, who suffered from bipolar disorder and schizophrenia. After, she claimed decedent had fled. Additionally, she claimed that when the deputies found him, they shot him 10 times and killed him. Davis lastly contended that a video showed that decedent was shot nine times after he lunged at the deputies. However, he stood up after the ninth shot and Cpl. Anthony shot him one last time. Davis claimed the deputies used excessive force, which resulted in decedent's wrongful death.

DEFENDANTS' CONTENTIONS: Deputies entered into the residence to make contact with decedent. Decedent was alone, inside his sisters' bedroom. When the deputies opened the door, defense contended, decedent lunged at them and a Taser was deployed. A deputy then attempted to take decedent into custody.
Defendants claimed decedent then attacked the deputy in the head and face with an unknown sharp object. The deputy was seriously injured, received 66 stitches, and suffered a deviated septum. The deputies left the residence in order to seek medical treatment for the injured deputy. Decedent then jumped out of the second story bedroom window. Sgt. Anthony responded to the residence. She rendered aid to the injured deputy. She spoke to Davis in an effort to find out where decedent may have gone. Davis provided little information to Sgt. Anthony. Sgt. Anthony was able to retrieve a photograph of decedent on the department's system.

A couple of hours later, the Riverside County Sheriff's Dept. received a robbery and assault call, which had occurred at a market around the corner from decedent's residence. Sgt. Anthony was in the area and responded to the call. Sgt. Anthony spoke to the victim, who had been struck in the head and stabbed in the shoulder by a suspect with a knife and pliers. The victim pointed out the suspect to Sgt. Anthony. The suspect was across the street, at a 7-11. Sgt. Anthony immediately responded to the 7-11. When she arrived, she recognized the suspect as being the suspect in the photograph from the earlier call where the deputy had been attacked. She saw a weapon, later identified as pliers, in decedent's hand. Defendants contended that Sgt. Anthony repeatedly told decedent to get down on the ground and to put the weapon down. Defendants claimed decedent responded with expletives. Deputy Kennedy responded. Deputy Kennedy deployed his Taser. Defendants contended that decedent pulled the Taser prongs out of his chest and threw them to the ground. Decedent had backpedaled into the adjacent gas station causing the patrons to run into the gas station market. Defendants claimed decedent then lunged at Sgt. Anthony, striking her in the face with either the pliers or a knife.

Defendants claimed that in fear for his safety, each other's safety, the patrons and commuters at the busy intersection, Deputy Kennedy fired nine rounds and Sgt. Anthony fired one round. Defendants claimed decedent went to the ground and then got back up and came toward Sgt. Anthony again. Sgt. Anthony fired another round and decedent went to the ground and did not get back up. Deputy Kennedy was unable to fire again because he had to reload his gun.

The court found the first volley of shots to be reasonable and granted defendants' motion for summary judgment as to those shots. The jury was left only to decide the reasonableness of Sgt. Anthony's second shot, which defendants argued was in fact reasonable because decedent was still a threat to Sgt. Anthony, Deputy Kennedy and the public.

Result

The court dismissed City of Moreno Valley and Deputy Kennedy. The matter proceeded against the County of Riverside and Sgt. Anthony. The jury found that decedent and Sgt. Anthony were both negligent and apportioned fault 70 percent to Sgt. Anthony and 30 percent to decedent. The jury determined that the damages amounted to $2.5 million, which was apportioned as $1 million to Davis, and $1.5 million to decedent's estate for his pain and suffering.

Other Information

Defendants will be appealing the court's denial of qualified immunity and the issue of causation, arguing there was no evidence that Sgt. Anthony's second shot was one of the five fatal gunshots.