Facts

On Oct. 31, 2018, Gonzalo Rico was fatally shot by Officer Christopher Colwell of the City of North Las Vegas Police Department. Rico was shot nine times, including shots to the back, head, face, neck and chest. A toxicology test performed during the autopsy found that Rico had high levels of methamphetamine in his system.

On the morning of the shooting, at 11:00am, Officers Nassiri and Colwell drove to Rico's residence on Emmons Ave to conduct a search for a suspect who was wanted for a domestic violence. The officers were not assigned to search for or investigate Matthew Way, there was no warrant issued for Way, and the officers were not wearing their state required bodycam. Upon arriving at the residence, Officers Nassiri and Colwell approached on foot and located both Rico and Way in the side yard of the residence. Neither Rico nor Way were armed with weapons, and the officers did not have any information that any of them were armed.

Rico and Way were behind a Chevrolet Silverado pick-up truck parked in the side yard when they were approached by the officers. When Officers Nassiri and Colwell approached, Way ran away, while Rico got into the driver's seat of the truck. After Rico entered the truck, Officers Nassiri and Colwell generally placed themselves between the truck in the yard and the street. While the officers were positioned in front of the truck, Rico proceeded to roll the truck forward from the yard onto the street before ultimately turning west onto Emmons Ave. Officer Colwell shot decedent multiple times while he was in the truck that was traveling forward at a slow speed, similar to idling speed. Decedent lost control of his vehicle.

Rico is survived by his parents, plaintiffs Gonzalo Rico-Perez and Carolina Rico.

PLAINTIFFS' CONTENTIONS: Plaintiffs alleged that the officers' use of deadly force against Rico was excessive and unreasonable because the officers were not in the pathway of the vehicle, and if they were in the pathway they were easily able to move out of the way, especially since the vehicle was traveling at such a slow rate of speed and repeatedly would stop, and then move forward, which provided them an opportunity to move out of the way.

Further, Rico became incapacitated and lost control of his vehicle after he was shot.

Moreover, Rico did not intentionally strike any of the officers and that none of the involved officers were serious injured during this incident.

Further, the officers violated their own training and policies with regards to shooting at moving vehicles which is strongly prohibited. Plaintiffs were able to show the bullets were fired from the side by Colwell.

Plaintiffs further alleged that the officers denied Rico timely medical care, and that they were negligent, including pre-shooting negligence.

DEFENDANTS' CONTENTIONS: Defendants denied plaintiffs' allegations in their entirety. Defendants alleged that Rico had a warrant for his arrest. The officers indicated that the truck would move forward and stop, and continued this about 5-10 times, and that the vehicle struck both officers multiple times during this process, pushing them backwards. Officer Nassiri also alleged that he injured his knee as a result of being struck by the truck.

Settlement Discussions

The parties conducted a mediation before Nancy M. Saitta of Advanced Resolution Management.

Result

Settlement of $1 million for plaintiffs Gonzalo Rico-Perez and Carolina Rico.

Other Information

JUDGE: Hon. Jennifer A. Dorsey. MEDIATOR: Nancy M. Saitta.