Facts

On September 12, 2016, the City of Colton police began chasing a stolen car driven by Joseph Carter. Riding in the passenger seat beside Carter was Christian Vargas. When the chase ended in front of Washington High, the officers got out of their patrol vehicles and took cover, intending to make the arrest. Although disputed by plaintiffs, defendants alleged that the stolen car then rammed into the patrol car. Officers Bryan Acevedo and Gregory Castillo opened fire. Carter was wounded, being struck in the hand, arm, and face. However, Vargas--who was struck in the hand, both arms and head--died. Vargas' wife and three children filed suit against the City of Colton and the officers.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants shot at plaintiff without any justification for their use of deadly force. They further alleged that, at the time of the incident, Vargas had not committed any crime, nor was there reasonable suspicion to detain him or probable cause to arrest him. While the officers believed the car to have been stolen, Vargas was merely a passenger. Consequently, when they fired their weapons, the officers had no reason to believe that Vargas was armed, dangerous or created a deadly threat to anyone's safety. The officers' assessment was, at a minimum, negligent. Due to the officers' actions, Vargas' death was directly caused by the gunshot wounds inflicted by the officers.

DEFENDANTS' CONTENTIONS: Defendants denied all contentions.

Result

The City agreed to pay the family $5.4 million to settle the case.

Other Information

Carter, the driver of the stolen vehicle, pled guilty to assault with a deadly weapon, felony evading and receiving stolen property. He was sentenced to seven years and eight months in prison.