Virginia "Vicky" Zaragoza, an individual; F.C., a minor, by and through her Guardian Ad Litem, Jasmine Munoz, an individual; and L.S.C., a minor, by and through her Guardian Ad Litem, Nancy Gonzalez, an individual v. County of Riverside; Deputy David Anderson #5097, an individual, and Does 2-10, inclusive
Published: Apr. 5, 2024 | Result Date: Feb. 9, 2024 | Filing Date: Jul. 13, 2020 |Case number: 5:20-cv-01381-SSS-SP Verdict – Defense
Judge
Court
CD CA
Attorneys
Plaintiff
Rodney S. Diggs
(Ivie, McNeill, Wyatt, Purcell & Diggs)
Ryan C. Duckett
(Ivie, McNeill, Wyatt, Purcell & Diggs)
James A. Bryant II
(The Cochran Firm)
Defendant
Eugene P. Ramirez
(Manning & Kass Ellrod Ramirez Trester LLP)
Lynn L. Carpenter
(Manning & Kass Ellrod Ramirez Trester LLP)
Facts
This case tragically began in Lake Elsinore in 2019, when a patrol deputy was called to a drug and alcohol recovery home after a man brandished several deadly weapons, including hedge shears and a screwdriver, and had threatened residents at the home. After the deputy arrived, the suspect exhibited signs and symptoms of being under the influence and mental distress in an aggressively agitated state. He refused multiple commands from the deputy to remove his hands from his pockets to determine whether he was armed. Given the suspect's uncooperative and aggressive demeanor, the deputy called for back-up.
After attempting to speak with the suspect in a calm voice and telling him he could take him to a hospital to receive treatment, the deputy attempted to escort the suspect to his patrol car without physical contact, to avoid escalating the situation. However, upon arriving at the patrol car, the suspect suddenly lunged at the deputy and viciously stabbed him in the neck with a screwdriver. The suspect then fled back toward the recovery home, and a foot pursuit ensued.
As he was being pursued, the suspect jumped on top of the trunk of a parked car and then leaped from the car, charging at the deputy while still armed with the screwdriver. The deputy then fired his duty weapon to stop the attack. After firing his duty weapon, the deputy immediately called for emergency medical response and maintained cover until back-up arrived. The suspect ultimately died from the gunshot wounds.
Plaintiffs brought excessive force claims against the deputy and the County of Riverside.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that the use of lethal force was not warranted, disputing the deputies account of the events. Among other arguments, plaintiffs argued in the alternative that the deputy was not actually attacked, that the screwdriver had been planted next to the suspect after the incident, that the suspect had been shot execution-style on the ground or while shielding his head in a defensive position, and that there were less lethal force options that the deputy should have used in response to the deadly attack.
Result
Defense verdict. The jury found that the use of lethal force here was objectively reasonable, necessary, and justified under the circumstances.
Deliberation
2.5 hours
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