Facts

On Oct. 3, 2007, Oxnard Police Sergeant Andrew Salinas, who in full uniform and driving a marked car, was investigating an alleged truck burglary. The focus of Salinas' investigation was Tomas Barrera. During the investigation, Barrera fled on foot. The pursuit came to an end when Salinas shot Barrera in the back, three times, killing him instantly. Barrera's parents sued Salinas, the city of Oxnard, the Oxnard Police Department, and John Crombach, the chief of police.

PLAINTIFFS' CONTENTIONS:
The plaintiffs' expert testified that the decedent was following instructions to lie on the ground and that he was either falling to or on the ground when Salinas fatally shot decedent. Plaintiffs also offered the testimony of five witnesses who stated that they heard the decedent scream, "No," and "Stop!"

DEFENDANT'S CONTENTIONS:
Salinas claimed that during the pursuit the decedent threw a wrench set striking Salinas on the shoulder. He also claimed that immediately prior to the shots, from approximately five to eight feet away, the decedent brandished a six-inch knife. Salinas claimed that he shot him because he believed that the decedent posed an immediate threat. The defense claimed the wounds were in Barrera's back because Barrera had begun to run once Salinas drew his weapon and fired.

Settlement Discussions

Plaintiffs demanded $750,000. The defense offered $475,000.

Damages

Barrera's parents sought to recover damages for pain and suffering, loss of care, loss of comfort, loss of society, funeral and burial expenses of $8,000, and punitive damages.

Result

The jury returned a verdict in favor of the defendants.

Deliberation

four hours

Poll

7-0

Length

six days