Case details
Decedent fought with officer before shooting, defense alleged
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound, head
FACTS
On Sept. 25, 2009, plaintiffs’ decedent Adolph Sanchez Gonzalez, 21, was stopped by Anaheim Police Officers Daron Wyatt and Matthew Ellis at the intersection of South Bond and East Santa Ana Streets. Ellis approached Gonzalez’s vehicle on the driver’s side while Wyatt approached on the passenger’s side. As the officers stood on either side of the vehicle, Gonzalez allegedly made a quick move, causing both officers to both reach inside and struggle with Gonzalez. During the struggle, Wyatt was able to open the passenger side door and get into the passenger seat. However, Gonzalez put the vehicle back into to drive and proceeded north on South Bound Street while Wyatt was still inside the vehicle. As a result, Wyatt and Gonzalez fought briefly, but Wyatt ultimately shot Gonzalez in the head. Gonzalez later died at a hospital. The decedent’s father, Rafael Gonzalez, acting individually and as his son’s successor in interest, failed a suit against Wyatt, Ellis and the officers’ employer, the city of Anaheim, in federal court. The decedent’s mother, Antoinette Sanchez, acting individually and as his son’s successor in interest, and David Vasquez, acting as the guardian of the decedent’s minor daughter, who was also acting individually and as the decedent’s successor in interest, brought a separate suit against the city and officers in Superior Court. The matter was consolidated, the federal case was dismissed, and the amended action proceeded in Superior Court. Ultimately, the matter continued with only the decedent’s daughter’s claim against Wyatt. She alleged that Wyatt’s actions constituted excessive force in violation of her father’s civil rights. Plaintiff’s counsel contended that Wyatt unnecessarily shot the decedent in the head at close range after the vehicle only moved a short distance. Counsel also contended that since the vehicle only moved a short distance, there was no threat of harm to Wyatt or others, making Wyatt’s use of force excessive. Defense counsel argued that the use of force was reasonable based on the decedent’s actions in fighting with Wyatt and attempting to flee the scene. Counsel contended that the decedent refused to comply with multiple commands from the officers and began to fight with them. Counsel also contended that the decedent accelerated the vehicle to a high rate of speed while Wyatt was an unbelted passenger and while another officer, Ellis, was in close proximity to it. As a result, defense counsel argued that Wyatt’s actions were justified because Wyatt feared for his safety and the safety of others., Adolph Sanchez Gonzalez sustained a gunshot wound to his head and later died at a hospital. He was 21 years old. He was survived by his parents, Rafael Gonzalez and Antoinette Sanchez, and his minor daughter. The decedent’s daughter sought recovery of wrongful death damages for the loss of her father.
COURT
Superior Court of Orange County, Orange, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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