Facts

The instant lawsuit arose from a vehicle pursuit and subsequent shooting during the early morning hours of Feb. 15, 2002. Decedent was 26 years old, five feet eight inches tall, and weighed 200 pounds.

The pursuit entered the southbound Santa Ana Freeway (I-5) at speeds exceeding 85 to 90 MPH. Decedent lost control while on a freeway transition and went off the road-way and officers approached his car on foot to arrest him. The decedent then tried to run down an officer with his car prompting shots from three separate officers.

Decedent maneuvered his car back onto the freeway where the pursuit continued. Eventually, a P.I.T. maneuver was used to cause Martinez' car to lose control and collide with a parked car on a city street.

An eleven-minute standoff ensued, with decedent ignoring numerous commands to exit the car, put his hands in the air and surrender.

Approximately eleven minutes after his car was pinned in, decedent opened the driver's door and stepped out of the car wearing an unzipped jacket and directly facing the officers. Officers ordered decedent to put his hands in the air. Decedent raised his right hand which held a cigarette and placed it in his mouth, freeing his right hand. Decedent then reached with his right hand underneath the rear portion of his jacket towards the waistband area.

Having ignored orders to get his hands in the air, and believing that the decedent was reaching for a weapon, three officers fired upon the decedent. One officer fired fifteen rounds from an MP-5 sub-machine gun, another fired two "bean-bag" rounds and a third fired one round from a nine millimeter handgun, killing the decedent.

No weapon was found on the decedent.

PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that a dash-mounted videotape of the shooting and the eyewitness testimony of a neighbor confirmed that the decedent did not place his hand behind his back. They claim that the officer who fired the MP-5 sub-machine gun, who was also the officer the decedent attempted to run down at the first shooting, was retaliating against the decedent and that the other officers automatically fired as a consequence of what is referred to as "contagious fire."

DEFENDANT'S CONTENTIONS:
Decedent was on a deferred entry of conviction program as a consequence of an arrest which had occurred three months prior to the incident when he was arrested for possession of a controlled substance. The decedent also had two prior driving-under-the influence arrests and an arrest for being drunk in public. On the evening of the shooting, the parents came to the police station and reported that the decedent had an alcohol problem for 10 years and that they had attempted to get him into a rehabilitation program. The father also stated that the night before the shooting, he had slapped the decedent out of frustration. The father also said that the decedent at some time had said, "Before I embarrass the family, I will die." (At trial, the plaintiffs denied these statements.)

Defendants' position was that the decedent intentionally precipitated his own death, i.e., "suicide by cop."

Settlement Discussions

Settlement demand: $2 million. Offer: $285,000.

Damages

Death.

Result

Defense verdict.

Deliberation

1.5 days

Poll

9-3

Length

six days