Facts

On Nov. 8, 2010, at approximately 9:30 p.m., Oakland Police Officers Eriberto Perez-Angeles and Omar Daza-Quiroz responded to an incident in the area of Foothill Blvd and Bancroft Avenue involving a woman, who claimed her boyfriend Derrick Jones choked her. When they arrived at the scene, Jones fled. Perez-Angeles shot Jones twice and Daza-Quiroz shot him seven times, killing Jones. His widow sued the officers and the City of Oakland for wrongful death and civil rights violations.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged that the defendants used an unreasonable amount of force against Jones. They claimed the woman who placed the 911 call had been harassing Jones because he had rejected her romantically, and confronted him with a knife.

DEFENDANT'S CONTENTIONS:
The defendant contends that Oakland Police Officers Eriberto Perez-Angeles and Omar Daza-Quiroz were flagged down in the area of Foothill Blvd and Bancroft Avenue by a woman, who claimed her boyfriend Derrick Jones had choked her, taken her cell phone, and smashed her windshield. The officers believed the woman and went to the Kwick Cuts Barbershop on Bancroft to locate Mr. Jones.

When they arrived at the barbershop, Jones lied about his name and ran away when the officers tried to handcuff him. Perez-Angeles deployed his Taser at Jones to stop him, but Jones kept running, stretching and breaking the Taser wires. Jones continued to run and ignore officers' commands to stop. The officers chased Jones for almost 3 blocks, during which time Jones threw an object that made a metal sound like a discarded firearm. Once Jones turned the corner onto Trask Street, he hid near a car. The officers followed Jones onto Trask and Perez-Angeles confronted Jones at gunpoint, again ordering him to show his hands. Jones got up, advanced in a threatening manner towards Perez-Angeles, and then ran again across Trask Street toward a fence.

Jones attempted to scale the fence, but then let go, ending up turning to face the officers with his hands at his waistband area. The officers then pointed their firearms at Jones and ordered him to show his hands. Jones refused. Fearing for their lives, both officers discharged their weapons.

The defendants argued that Jones was carrying and reached for a small, silver-colored scale during the chase, and the officers thought it was gun. The officers also claimed Jones was drunk and had marijuana on his person.

Damages

The plaintiff sought $10 million.

Result

The jury found in favor of the defense. The jury concluded the officers' use of force was not unreasonable and rendered a unanimous verdict for the defense on all counts.