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Civil Rights
Police Misconduct
Negligent Shooting

Santiago Ayala v. City of Santa Ana, Eric Rimat, Rudy Reynoso

Published: Jun. 15, 2004 | Result Date: May 4, 2004 | Filing Date: Jan. 1, 1900 |

Case number: CV0217GLT Verdict –  $0

Judge

Gary L. Taylor

Court

USDC Central


Attorneys

Plaintiff

Oliver F. Moench


Defendant

Martha A. Shen-Urquidez


Experts

Plaintiff

Frank H. Saunders
(technical)

Defendant

Robert Fonzi
(technical)

David N. Glaser
(medical)

Martin L. Fackler
(medical)

Richard Parent
(technical)

Facts

On May 15, 2001, the plaintiff was suspected to be involved in a drug transaction. When officers attempted to make the stop, the plaintiff ran away and led them on a short foot pursuit. During that time, the plaintiff jumped two fences and entered a home without permission of the home owner. The home owner advised the officers that he was inside and under the table. While officers were setting up a perimeter and deciding how to extract the plaintiff, they saw the plaintiff come at them with what they believed was a shot gun or short rifle. They fired 15 rounds between them and struck the plaintiff 4 or 5 times. No weapon was found. A flashlight was found at the scene that did not belong to the home owners. The plaintiff was in a coma for a month but survived his wounds. The plaintiff has no recollection of this incident and the plaintiff had nothing in his hands at the time of the shooting.

Settlement Discussions

There were no firm offers.

Specials in Evidence

$1.8 million

Deliberation

two hours

Length

seven days


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