Facts

Maria Garcia sued the City of Huntington Beach, the Huntington Beach Police Department, Sergeant Tom Weizoerick, and Officer Kenton Ferrin, in connection with a police shooting on November 1, 2011 that resulted in the death of Erick Catalan, plaintiff's son.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that on Nov. 1, 2011, the decedent was a passenger in his girlfriend's car when they were pulled over by defendant officers. After they pulled over, plaintiff claimed, one of the officers immediately pulled out a gun and pointed at the decedent, and ordered them to get out of their vehicle. Plaintiff claimed the decedent complied with the officers' orders, including an officer who was in plain clothes. Then, plaintiff alleged, that suddenly and without provocation Officer Ferrin shot and killed the decedent. Plaintiff alleged that the officers then covered up their wrongful conduct by writing up false police reports. Plaintiff sued defendants, asserting various constitutional and civil rights violations, as well as municipal liability and other torts.

DEFENDANTS' CONTENTIONS:
Defendant's Police Dept. contended that after receiving information that John Torres, a known gang member who was also on parole, was in town and in possession of a handgun, it placed his reported location under surveillance. Defendants contended Torres was then seen leaving the location with decedent in a vehicle being driven by decedent's girlfriend. Decedent was sitting in the right front passenger seat, and Torres was seated in the back seat. The vehicle was then pulled over by defendant police officers Weizoerick and Fenton, and the occupants were directed to keep their hands up in clear view. The occupants at first complied, but defendants claimed, Torres then moved his hands down out of view and a gunshot was heard from the vehicle. Defendants claimed both officers then shot and killed Torres. Defendants claimed that decedent was then observed reaching into the back seat area and, after failing to comply with orders to get his hands up, he was then shot and killed by Officer Ferrin.

Result

The jury rendered a defense verdict.

Other Information

FILING DATE: Oct. 15, 2012.