Case details

Defense claimed deputies’ use of lethal force was justified

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
On Aug. 4, 2017, plaintiff James Lacy, 47, was in violation of a court-ordered eviction. As a result, San Diego County Sheriff’s Deputies Sean Ochoa and Don Wood arrived at an apartment complex on Second Avenue, in Bankers Hill, just north of Downtown San Diego and west of Balboa Park, and proceeded with a landlord agent to a second-story landing outside Lacy’s residence. The deputies spoke to Lacy through his window, but after a one-to-two minute conversation, Lacy threatened to get a gun and shoot the deputies if they entered his apartment. In response, the deputies forced entry into the apartment and confronted Lacy, who was unarmed. Lacy repeated his threat to get a gun and then disappeared into a back room, so the deputies drew their firearms. When Lacy reappeared from the back room and pointed a replica handgun at them, the deputies fired four shots at Lacy. Lacy was transported to a local hospital for treatment of his gunshot wounds, but he died several hours later. It was uncontested that Lacy was under the influence of methamphetamine at the time of the shooting. Lacy’s two adult children, Jacquesha Lacy and James Lacy, sued Ochoa, Wood and the deputies’ employer, San Diego County. The lawsuit alleged that the deputies were negligent in the use of excessive force, causing James Lacy Sr.’s wrongful death, and that the county was liable for the deputies’ actions. Plaintiffs’ counsel, through their use-of-force expert, contended that Ochoa and Wood should have run a more extensive background check, articulated a better tactical plan or strategy during the event and tactically repositioned to the street after Lacy’s first threat. Counsel also contended that Ochoa and Wood should never have forced entry into the apartment and should have moved faster to overcome Lacy inside the apartment to prevent him from retrieving a gun. Defense counsel contended that the deputies had lawful authority to enter and had a legal obligation to carry out the court’s order. Counsel also contended that Lacy was subject to arrest for numerous violations, such as violating a court order to vacate the unit, making terroristic threats and assaulting the deputies when they entered the unit. Defense counsel argued that Lacy posed an imminent threat to Ochoa, Wood and other tenants when Lacy articulated his threat from inside the apartment and when Lacy appeared with a replica handgun, which looked real. Counsel argued that as a result, the use of force was justifiable in self-defense and in defense of others. The defense’s evictions expert opined that the background check was complete and that the initial contact with Lacy was appropriate. The defense’s use-of-force expert opined that the option of retreating was unsafe and would have endangered more individuals. The expert also opined that forcing entry was appropriate and reasonable and that the lethal use of force was justified., Lacy sustained four gunshot wounds and was arrested. He was then transported to a hospital, where he died approximately four hours later. Lacy was 47 years old at the time of his death. He was survived by two adult children, who lived in Las Vegas at the time of their father’s death. The Lacy children sought recovery of wrongful death damages for the loss of their father.
COURT
Superior Court of San Diego County, San Diego, CA

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