Case details

Deputies acted appropriately to believed danger: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound, loss of parental guidance, loss of society
FACTS
On Jan. 14, 2014, plaintiffs’ decedent Enrique Rodarte, an unemployed 32 year old, was seen speeding away from the 16600 block of Zenda Street, in Victorville, where police deputies were responding to a call about shots being fired. A chase ensued, and Rodarte leaned out of the vehicle and pointed a firearm at the deputies while trying to escape capture. He subsequently crashed his vehicle and ran into a home at the 16700 block of Lacy Street, where he remained in the home for more than four hours, holding the deputies to a standoff. Since Rodarte was considered armed and barricaded, the sheriff’s SWAT team was dispatched to the scene. At the end of the nearly five-hour standoff, Rodarte emerged from the home yelling at the deputies with a beer can in one hand. He then quickly put his other hand into the pocket of a poncho that he was wearing and raised it toward the deputies, simulating a handgun. As a result, Rodarte was shot by the deputies, and he was pronounced dead at the scene. A later investigation revealed that Rodarte was unarmed, and the handgun he produced during the chase was eventually found in the area of the crash and determined to be a BB gun. The District Attorney’s Office investigated the incident and found that the shooting was justified based on the evidence on hand. Rodarte’s minor children sued the believed employers of the deputies, the county of San Bernardino and the city of Victorville. The officers believed to be involved in the standoff were later added as defendants and included Detective Brad Bonnet, Deputy Paul Casas, Deputy Jason Fortier, Deputy David Page, Sergeant John Walker, Commander Lieutenant Hector Gomez, Captain Gregg Herbert, and Sheriff John McMahon. The city, Herbert and McMahon were ultimately dismissed form the case. Plaintiffs’ counsel contended that the deputies used excessive force in violation of Rodarte’s constitutional rights. Counsel also contended that any level of force would have been inappropriate. Defense counsel contended that the deputies fired at Rodarte because they believed that their lives were in danger. Thus, counsel contended that the deputies’ use of force was appropriate., Rodarte sustained multiple gunshot wounds and subsequently died at the scene. He was 32 years old and was survived by his four minor children. The decedent’s minor children sought recovery of wrongful death damages for the loss of their father. Defense counsel asserted that although the decedent’s children alleged that they were close with their father, they were not.
COURT
United States District Court, Central District, Riverside, CA

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