Case details

Deputies denied interfering with gunshot victim’s care

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On the evening of Dec. 14, 2006, plaintiffs’ decedent Kristin Maxwell-Bruce got into a heated argument with her husband, Sheriffs Corrections Deputy Lowell Bryan “Sam” Bruce, who was off-duty. During the argument in their bedroom, Bruce shot Maxwell-Bruce in the face, causing the bullet to enter her lower, left jaw and exit behind her right ear. Fire department personnel and emergency medical technicians arrived on the scene in response to 911 calls. Maxwell-Bruce was found to be bleeding from her mouth and face, but reportedly had normal vital signs. However, while she was being placed in an ambulance, Maxwell-Bruce stopped breathing and her heart stopped beating. Although resuscitation was attempted as she was driven to a nearby helicopter landing zone for helicopter evacuation, she was pronounced dead before she could transferred. The decedent’s parents, Jim Maxwell and Kay Maxwell, and the decedent’s children, Trevor Bruce and Kelton Bruce, all who were in the house at the time of the incident, sued the decedent’s husband, Lowell Bruce; the individual officers from the San Diego County Sheriff’s Department who responded to the scene, Anthony Salazar, Gary Kneeshaw, Gregory Reynolds, L. Rodriguez, M. Knobbe, Warren Voth, William Reilly, and Jeffrey Jackson; the officers’ employer, the county of San Diego; and several other parties. The Alpine Fire Protection District, the Viejas Fire Department, and several members of the fire department were initially named as defendants, but were ultimately released on summary judgment prior to trial or on dismissal in pre-trial pleadings. In addition, Deputies L. Rodriguez and Warren Voth were dismissed during trial, and Lowell Bruce was effectively terminated by the San Diego County Sheriff’s Department following the incident and is currently incarcerated. Thus, no appearance was made on Lowell Bruce’s behalf before or during trial. Thus, the matter continued against the remaining defendants. Plaintiffs’ counsel argued that several of the individual San Diego County deputies who responded to the scene delayed the departure of the ambulance that was carrying the decedent. Counsel also argued that the deputies illegally separated and detained the decedent’s parents, Jim and Kay Maxwell, during their investigation of the crime scene. In addition, plaintiffs’ counsel argued that Deputy Gary Kneeshaw used excessive force to prevent Jim Maxwell from informing his wife of their daughter’s death. Counsel contended that the conflict arose when Jim Maxwell attempted to walk down the home’s driveway, which Kneeshaw considered to be part of the crime scene. The alleged excessive force consisted of pepper spray, and use of a collapsible baton and handcuffs. A non-retained expert, Dr. James Dunford, the San Diego EMS director, testified that the national time standard that called for transporting a trauma victim off scene was within 10 minutes of the ambulance arrival, but that actual transport times were actually closer to seven minutes. However, he claimed that the decent was not transported off scene until 31 minutes after the arrival of fire department personnel, and 22 minutes after paramedics arrived. The first responding deputy, Jeffrey Jackson, testified that he had become angry with Sheriff Sergeant M. Knobbe at a meeting several weeks after the incident for his negligence in securing the scene and that he “was so concerned about the crime scene, he did not want to let the ambulance leave.” Jackson also testified that he was informed by a paramedic that Maxwell-Bruce’s condition was “going downhill” and that she needed to be moved quickly. However, this conversation was denied by the responding emergency medical services personnel, and six medical and emergency personnel from the Alpine and Viejas agencies testified that there was no interference by the sheriff’s department at the scene. Defense counsel denied there was any delay of the emergency medical personnel at the scene. Counsel maintained that the Maxwells were only prevented from re-entering their home, as it was an active crime scene. In addition, defense counsel argued that Jim Maxwell was visibly upset at the scene and that reasonable force was employed only after he assaulted Kneeshaw., Maxwell-Bruce was shot in the fact, sustaining gunshot wounds to her lower, left jaw and behind her right ear, where the bullet exited. Fire department personnel and EMTs arrived on the scene and found Maxwell-Bruce bleeding from her mouth and face, but allegedly determined that she had normal vital signs. However, while being placed in an ambulance, Maxwell-Bruce stopped breathing and her heart stopped beating. Although resuscitation was attempted, she was pronounced dead before she could be transferred for helicopter evacuation. A non-retained expert, Dr. Steven Campman, the San Diego Deputy Medical Examiner, examined the decedent shortly after her death. He testified that Maxwell-Bruce died from a combination of two lacerated facial arteries and a partial airway obstruction. Thus, he opined that the decedent’s wounds would have been treatable and repairable. In closing arguments, plaintiffs’ counsel asked the jury to award the decedent’s parents and minor children $10 million for Maxwell-Bruce’s wrongful death and between $400,000 and $600,000 in damages relating to the wrongful detention at the crime scene. The decedent’s parents and minor children also sought recovery of damages for the deputies’ negligent infliction of emotional distress against them.
COURT
United States District Court, Southern District, San Diego, CA

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