Facts

On Sept. 24, 2006, at 8:10 p.m., defendant Officer Maybelline Solideo, who had been on the force for seven months, responded to a call that a man was jumping in and out of traffic near the intersection of Main Street and MacArthur Boulevard, in the city of Santa Ana. When Solideo arrived on the scene, she encountered decedent Cody Hernandez, 28.

According the plaintiff's counsel: Solideo got out of her police car, immediately pulled out her gun and threatened to shoot Hernandez if he did not get on the ground. In response, Hernandez ran from her. Solideo chased him and stunned him repeatedly. After being stunned three consecutive times Hernandez finally ripped the stun-gun barbs from his body and continued running from Solideo. After being chased by Solideo, Hernandez stopped, turned around with his back to the officer, and raised his left hand to his head bent at the elbow, with his right hand in front of him. Solideo did not see any movement in his right hand but lost sight of the hand and claimed she feared for her life.

According to defense counsel: When Solideo arrived, she gave Hernandez various commands in an attempt to control or restrain him. After Hernandez proceeded to run from her, Solideo used her stun-gun several times, however, Hernandez persisted in his refusal to cooperate with Solideo. He continued to run back and forth through the traffic lanes, and ultimately tossed a screwdriver towards Solideo. At one point in time, he turned around, raised one hand, and concealed his other hand from the officer. Fearing for her life, she fired one round striking Hernandez.

Hernandez was shot in the upper back. It was subsequently determined that he was unarmed at the time. Hernandez succumbed to his injuries and died.

The plaintiffs, Shanel Hernandez, 29, the decedent's wife, and two minor children brought this action against the defendants based on assault and battery and negligent wrongful death.

PLAINTIFF'S CONTENTIONS:
The plaintiffs argued that there was no basis for the police officer to use deadly force as there were no objective signs of a threat of death or serious bodily injury. They further contended that a police officer's subjective fear cannot be taken into consideration in determining whether or not a police officer's use of deadly force was reasonable. The plaintiffs also argued that the decedent was actually surrendering at the time the officer used deadly force.

DEFENDANT'S CONTENTIONS:
The defense argued that the use of deadly force was reasonable and justified based on the totality of circumstances.

Settlement Discussions

The plaintiffs demanded $850,000. The defendants made no offer.

Result

Defense verdict.

Deliberation

7 hours

Poll

10-2 (defense)

Length

eight days