Reyna Zayas, Natalie Zayas, through her Guardian ad Litem Yenni Z. Cacique, Destiny E. Zayas, through her Guardian ad Litem Isabel Caudillo v. City of Santa Ana, Daniel Park
Published: May 26, 2007 | Result Date: Mar. 2, 2007 | Filing Date: Jan. 1, 1900 |Case number: 04CC12115 Verdict – Defense
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Defendant
William Lewiniski
(technical)
Kim Hagen
(technical)
Joseph J. Callanan Jr.
(technical)
Facts
Luis Zayas was the driver in a vehicle that police suspected was involved in the shooting of an off-duty sheriff. Santa Ana Police Officer Daniel Park approached the vehicle and shot Zayas twice in the back as he was running from the car. Zayas' family members sued Park and the City for wrongful death.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that Park used excessive force in shooting Zayas because he posed no immediate threat during the foot chase. Further, defendants' failure to obtain immediate medical attention after the shooting contributed to Zayas' death.
DEFENDANTS' CONTENTIONS:
The defendants contended that Park acted in self-defense because Zayas showed his gun and looked back at Park as he was running away. Three defense experts testified to the danger of a police chase and the officer's right to protect himself.
Damages
The plaintiff's two daughters, Natalie and Destiny, claimed $50,000 each for loss of society. The defendants contended Zayas never had a relationship with either daughter.
Result
Defense.
Deliberation
one hour
Poll
12-0
Length
seven days
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