Case details

Defense argued deputies’ use of lethal force was appropriate

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound, loss of parental guidance, loss of society
FACTS
On Nov. 30, 2008, plaintiffs’ decedent Salvador Zepeda Jr., 18, was in the area of Folsom Street and Humphreys Boulevard, in East Los Angeles. At approximately 2 a.m., Los Angeles County Sheriff’s Deputies Joseph Manfree and Hugo Ramos responded to a call of “shots fired” in that area, which was a neighborhood well-known for gang activity, and noticed a male suspect, later determined to be Salvador, crouching between parked cars. When they saw Salvador begin to run in their direction, they stopped their marked patrol vehicle, which had its lights turned off, and exited. The deputies ultimately fired their service weapons, killing Salvador. Manfree and Ramos claimed that they observed the decedent retrieve what appeared to be a handgun from his waistband prior to the shooting, but the object was later determined to be an airsoft pistol, or “BB” gun. The decedent’s parents, plaintiffs Salvador Zepeda and Maria Xochitl Zepeda-Alarcon; the decedent’s girlfriend, plaintiff Leah Garcia; and the decedent’s minor child, plaintiff Isaiah Zepeda, sued the deputies’ employer, the county of Los Angeles. Deputies Manfree and Ramos were later added to the case as defendants. The decedent’s family alleged that the deputies’ actions constituted excessive force and battery, resulting in the decedent’s wrongful death. They also alleged that the county was liable for the deputies’ actions. During the course of litigation, the decedent’s parents and girlfriend dismissed their individual claims against the defendants. Thus, the decedent’s son, Isaiah, was the only remaining plaintiff at the time of trial, and the matter continued with the only remaining claim against the defendants, which was a battery claim. Plaintiff’s counsel argued that the shooting was unreasonable and unjustified under the circumstances. Counsel presented witnesses who testified that the decedent was not in a gang, was never physically aggressive, and was never seen handling a gun of any type. Witnesses also claimed to have come outside after the shooting and to have not seen a gun of any type at the scene. At least one of the witnesses claimed that after she went back inside to put on a sweater, she noticed a gun on the ground for the first time when she returned to the scene. Thus, plaintiff’s counsel argued that the airsoft gun was planted at the scene by some unknown persons, presumably from the Los Angeles County Sheriff’s Department. Manfree and Ramos claimed that when they saw the decedent begin to run in their direction, they exited their patrol car and took cover behind the doors of the vehicle. They claimed that the decedent then stopped and retrieved what appeared to be a large, black semi-automatic handgun, resembling a “MAC-10” machine pistol, from his waistband area. Manfree and Ramos claimed that when the decedent pointed the object toward them, they were in fear for their lives and fired their service weapons. Thus, defense counsel argued that the deputies believed that they were confronted with a lethal threat and that it was objectively reasonable to react by shooting the decedent to neutralize that perceived lethal threat. The defense’s crime scene reconstruction expert testified regarding his analysis of the forensic evidence, including the bullet trajectory, and opined that the evidence was consistent with the deputies’ observations of the decedent’s threatening body movements on the night of the incident. In addition, the defense’s police practices expert opined that the deputies acted reasonably under the circumstances., Salvador Zepeda Jr. sustained gunshot wounds and died at the scene. He was 18 years old. He is survived by his son, Isaiah, who was born after the incident. Thus, the decedent’s girlfriend, Leah Garcia, acting on behalf of Isaiah, sought recovery of wrongful death damages for the loss of society, comfort and support of Isaiah’s father.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case