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Civil Rights
Police Misconduct
Shooting

Peter Varela v. City of Rialto, Officer Ken Bigos, and Officer William Bussey

Published: Jun. 25, 1994 | Result Date: Jun. 3, 1994 | Filing Date: Jan. 1, 1900 |

Case number: 250572 –  $0

Judge

Brian S. McCarville

Court

San Bernardino Superior


Attorneys

Plaintiff

Peter T. Steinberg


Defendant

Tracy Strickland


Experts

Plaintiff

Alan W. Weinberger M.D.
(medical)

Frank H. Saunders
(technical)

Defendant

Marcelline Burns
(medical)

Joseph J. Callanan Jr.
(technical)

Facts

On October 23, 1988, at approximately 4:15 a.m., a Rialto citizen observed Plaintiff Peter Varela, a 18-year-old unemployed man, getting out of a car parked in front of his residence. At that time, he heard someone ask Plaintiff Varela what he was doing. Plaintiff said he was "getting the Uzi." The citizen then observed Plaintiff open the trunk of the car and remove what appeared to be a machine gun. The citizen then dialed 911 and reported the incident. Approximately 10 minutes later, Defendant Officers Ken Bigos and William Bussey of the Rialto Police Department approached the car with their guns drawn. Defendant Officer Bussey fired two rounds. A sample was taken of Plaintiff Varela's blood which showed a blood alcohol level of .17. His blood was also re-analyzed approximately one year after the incident which revealed that he also had cocaine in his system at the time. The City of Rialto was also named as a Defendant.

Settlement Discussions

Defendants contend they offered $75,000 and Plaintiff demanded $225,000.

Specials in Evidence

$39,758 $2,000

Injuries

Collapsed lung requiring emergency surgery; partial loss of spleen requiring splenectomy; residual liver damage.

Deliberation

3.5 hours

Poll

12-0

Length

5 days


#78083

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