Facts

On Aug. 30, 2006, Hayward Police Officer Jason Corsolini responded to a dispatch call involving a gang fight near the Hayward Adult School. He was directed to a fight in progress a half-block from the school. Corsolini observed Nasir Solis repeatedly strike another male with a metal pipe. Armed with his baton, Corsolini ordered Solis to drop the pipe. Solis charged at the officer and attacked him. Corsolini and Solis traded strikes with their respective weapons. Corsolini ripped the pipe from Solis' grasp, and threw it away. Solis then displayed a red bandana and proclaimed, "Norte, homey, Norte" (Norteno Gang). As Corsolini attempted to draw his taser, Solis grabbed the officer's gun. During the struggle for the gun, the two men fell to the ground. Solis punched Corsolini to the face. A dazed and desperate Corsolini drew his gun. As the struggle for the gun continued, Corsolini fired several shots from point blank range. None of the shots seemed to effect Solis as the ground fight continued. Ultimately, a fatigued Corsolini shot Solis to his neck, causing him to go immediately limp. Corsolini received treatment for his injuries at the emergency room.

The autopsy of Solis confirmed that he died as a result of single gunshot wound to his neck. Toxicology results were positive for methamphetamine in Solis' blood, urine, hair, and nails indicating chronic use of illegal narcotics.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contend that Corsolini arrived at a family disturbance which was under control and calm. Nevertheless, Corsolini took his baton and struck Solis to the head several times. A dazed Solis went to the ground and surrendered. Corsolini knelt over Solis drew his gun and shot him several times to the head.

DEFENDANT'S CONTENTIONS:
Defendants contend that Corsolini arrived on scene at an in-progress felony assault with a deadly weapon. Solis was in a state of excited delirium when he attacked Corsolini with a pipe and overpowered him to the ground. Corsolini shot Solis in self-defense.

Result

Judgment entered for defendants.

Deliberation

three hours

Length

five days