Facts

Hector Alvarez, 19, left his fiance's apartment on Filbro Drive in Gilroy as Police Officer Adam Moon was responding to a disturbance call in the complex. Alvarez, who was unarmed at the time, noticed Moon ascending the stairs as he was descending and decided to raise his hands. Moon immediately deployed four gunshots and made contact with Alvarez, killing him at the scene. Alvarez's mother, as guardian ad litem on behalf of Alvarez's children sued Moon and the city of Gilroy for Alvarez's death.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants intentionally killed Alvarez without cause. When defendants commanded Alvarez to put his arms up, he complied but was still shot by Moon. Alvarez neither physically nor verbally attacked Moon and Moon failed to issue a proper warning before shooting. Plaintiff further contended that Moon did not witness Alvarez commit a crime before shooting him and given the lack of the immediate threat of death or serious bodily injury from Alvarez, killing him constituted an unjustified use of excessive force.

DEFENDANTS' CONTENTIONS: Defendant denied the contentions and contended that Alvarez was shot in self-defense. Moon noticed Alvarez reaching for his waist belt while descending the stairs. Moon was also aware of the gang presence in the neighborhood, which is what caused him to believe Alvarez was charging him when he did not obey the commands to stop. Defendants contended that Alvarez was only shot because of Moon's reasonable belief that he was a gang member in possession of a firearm.

Injuries

Hector Alvarez suffered multiple gunshot wounds, including two to his chest and one to his left arm before ultimately dying at the scene.

Result

The court approved a $1 million pre-trial settlement between the parties that the City agreed to pay on behalf of itself and Moon.