In a federal court trial taking place this week, a jury has been listening to a hotly contested civil rights/wrongful death claim arising from the shooting of 35-year-old Douglas Zerby. According to the report in the Long Beach Press Telegram, Derby was shot while in his backyard in 2010 while holding a "pistol-grip" hose nozzle. Zerby's family claims he was shot by Long Beach police officers without any warning and likely when his hands were raised.

Last week, 19-year-old Abdul Arian was shot and killed by members of the Los Angeles Police Department following a high speed pursuit on the 101 freeway in Woodland Hills.  Prior to the shooting, Arian had called 9-1-1 to report that he had a gun and was going to use it against the police.  Reportedly, he also indicated during his conversation with the 9-1-1 dispatcher that he had a history of being in possession of explosive devices and was not afraid to use them.  From all indications, Abdul seemed set on committing "suicide by cop".  When he exited his vehicle on the freeway and pointed an object in his hands (apparently a cell phone) at police, he was brought down in a hail of gunfire by LAPD officers, who fired perhaps as many as 90 to 120 rounds.  Abdul's family has since brought a suit or claim against the City of Los Angeles, seeking 120 million dollars in damages.

See the latest report concerning the Arian shooting from KTLA news.

Assuming the Arian family pursues their civil claim all the way to trial, then a jury will be called upon to determine whether the LAPD officers acted reasonably under the circumstances.  As for the law applicable to cases like this, there are a few things that should be kept in mind.  First, Arian clearly violated the law for his evasion of the police and failure to obey their lawful commands at the scene of the shooting.  Some force could reasonably be used to effect Arian's arrest.  California statutory law obligates every person to "refrain from using force or any weapon to resist" a police officer's arrest.  However, the critical issue in the Arian shooting will be a determination of whether the LAPD officers "had probable cause to believe that [Arian] posed a significant threat of death or serious physical injury to the officer or others."  In this case, Arian pointed what is now believed to have been a cell phone at the police.  From the video of the shooting, it can be seen that Arian was running away from police and had not fired a single shot since he possessed no weapon.  One has to question whether deadly force was necessary since the suspect was running from police and, to the point of the shooting, had injured no one.  Perhaps less lethal force (a canine or taser) could have been employed.

Compensation for the victims of excessive force by the police should be an important concern for all Californians.  When someone being taken into custody is unnecessarily injured or killed by the police, the police department should be held accountable for all of the injuries and damages sustained.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of excessive police force?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

 

A 43-year-old man died on Sunday night following an altercation with police in which the man was shocked with a taser.  The subject, Hutalio Serrano, had been contacted by Colton police after a 9-1-1 called was placed, reporting a family disturbance.   According to a report by KTLA news, Serrano apparently refused to obey the officers' commands and became combative, resisting their efforts to calm him down.  During the altercation, an officer deployed his taser at least once on Serrrano without success.  It reportedly took three officers to subdue and handcuff Serrano who continued to resist even after he was restrained.  According to the news report, Serrano suffered some sort of medical emergency after being arrested and had to be transported to Loma Linda university Medical Center where he was pronounced dead a short time later.

See the KTLA news story and photographs HERE.

When an incident like the one occurs, the question of whether the amount of force used by the police was reasonable comes quickly to mind.  With a family disturbance call, officers are often thrust into violent situations.  however, the use of force used by police officers to overcome any violence directed at them must be reasonable.  'The 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.  From the description of the incident above, we simply do not know how much force was reasonable and whether deployment of a taser (perhaps multiple times) was warranted.  Beyond that,  where an officer intentionally or recklessly provokes a violent confrontation, if the provocation is an independent Fourth Amendment violation, he may be held liable for his otherwise defensive use of deadly force.  In other words, an officer may be liable for using deadly force if his own actions provoked (violence or an escalation in the violence) from the party being apprehended or arrested.

Compensation for the victims of excessive force by the police should be an important concern for all Californians. When someone being taken into custody is unnecessarily injured or killed by the police, the police department should be held accountable for all of the injuries and damages sustained. An Orange County civil rights attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of police brutality?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

 

Yesterday, the Orange County District Attorney's office announced that two of the Fullerton police officers involved in the Kelly Thomas beating were being charged with, among other crimes, involuntary manslaughter.  Officer Manuel Ramos was charged with second degree murder and with involuntary manslaughter and Officer Jay Cicinelli was charged with involuntary manslaughter and battery by a police officer. 

See the Los Angeles Times story HERE.

As for the crime of involuntary manslughter, it seems somewhat puzzling at first blush why that charge would be leveled against the officers.  However, under California law involuntary manslaughter is defined as the unlawful killing of a person without malice "in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection." (California Penal Code, § 192, subd. (b).).  According to case law, the definition of the crime can be otherwise stated this way:  if a misdemeanor such as simple assault, battery or unlawful discharge of a firearm results in death, the homicide may be involuntary  manslaughter.  Similarly, if someone lawfully acts in self-defense but uses excessive force, the homicide may be involuntary manslaughter. By definition, involuntary manslaughter is an unintentional killing.

To support a theory that someone used excessive force while acting in self-defense, there must be evidence from which a jury could find the nature of the attack did not justify the resort to deadly force in self-defense or that the force used in self-defense exceeded that which was reasonably necessary to repel the attack.  Deadly force is justified only to repel an attack which is itself deadly or likely to result in great injury. .

In the Thomas case, there appears to have been reason for the Fullerton Police to contact Thomas in order to investigate a report that he or someone looking like him was burglarizing cars.  Assuming that Thomas resisted the efforts of the police to investigate (and there is at least some indication he ran from them), then they were entitled to use a reasonable amount of non-deadly force to detain and/or arrest him.  However, the conduct of Ramos and Cicinelli as described by the District Attorney's office would seem to go well beyond what was reasonable or justified in these circumstances, perhaps fitting the definition of involuntary manslaughter. 

The reasoning behind the other two charges of second degree murder and battery by a police officer in the performance of his duty seem obvious.  If this was a murder, it is unlikely it was committed with premeditation and deliberation, the requirements of first degree murder.  Under California, law any murder not meeting the technical definition of first degree murder is considered murder in the second.  Assuming that Cicinelli went beyond the force reasonably necessary to effect the detention/arrest of Thomas, then the force he used would be unlawful and considered a battery. 

Compensation for the victims of excessive force by the police should be an important concern for all Californians. When a member of the public is subjected to police brutality, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County civil rights attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of police brutality?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Finally, the Orange County Coroner's Office has completed its report on the death of Kelly Thomas, the mentally ill homeless man who died after a violent confrontation with officers from the Fullerton Police Department.  According to a KTLA news story, the findings of the Coroner have been turned over to the Orange County District Attorney's Office for consideration.  Reportedly, a news conference is scheduled for tomorrow during which District Attorney Tony Rackauckas is expected to discuss what, if any, charges will be filed against the officers involved in the controversial arrest.  

See the full KTLA news story HERE.

Medical records previously released show Thomas was originally taken from the scene of the incident to St. Jude Hospital in Fullerton.  However, because his heart stopped, and he required a higher level of care for that and other reasons, he was emergently transported to UCI Medical Center.  By the time he arrived there, Thomas' pulse rate was very high, and his blood pressure dangerously low.  He was exhibiting seizure activity, and one pupil was unreactive.  For all intents and purposes, he was severely brain injured and the likelihood of any meaningful recovery was grim.  The assessment of the emergency room physician was that Thomas had suffered blunt trauma, facial fractures, prolonged oxygen deprivation, facial lacerations, and shock, among other things.  Also of note was the presence of a taser dart in the left chest area, suggesting a taser had been deployed by one of the Fullerton officers in violation of industry recommended guidelines.  From the records released to date, it seems likely the Coroner's Office will conclude the cause of Thomas's death was homicide.

The extent of the beating Thomas received at the hands of the Fullerton Police is almost impossible to understand.  With reports that at least six officers were present during the arrest, one has to wonder why so much trauma to the face and head would be necessary to control this rather diminutive man.  The purpose of an arrest is to secure a subject's presence in court before a judge, not to punish.  Police officers are generally taught to use the least amount of force reasonably necessary to control a subject and take him into custody.  In the Thomas case, he was reportedly being taken into custody for auto burglary, a property, nonviolent crime.  The amount of force used on Thomas, as evidenced by the injuries documented in his medical records, would seem well beyond justification.  Ideally, the Thomas family will see justice in both the civil and criminal courts.

Compensation for the victims of police misconduct should be an important concern for all Californians. When someone is beaten excessively by the police, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County police misconduct attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of an unlawful arrest or excessive use force at the hands of the police?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.