Case details
Deputies fired 61 rounds when decedent reversed vehicle
SUMMARY
$8756600
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound, loss of parental guidance, loss of society
FACTS
On April 26, 2009, plaintiffs’ decedent Alfredo Montalvo, 29, a forklift operator and in private security, was driving in Lynwood when two deputies in an unmarked vehicle attempted to pull him over. The deputies believed that Montalvo was either driving drunk or fleeing from a robbery. After a short pursuit, Montalvo’s vehicle crashed and became trapped between two parked cars. Twelve sheriff’s vehicles and 16 deputies subsequently surrounded Montalvo’s car. However, when Montalvo backed up his car and made contact with the unmarked sheriff’s vehicle parked a few feet behind, nine deputies fired a total of 61 rounds at Montalvo. As a result, Montalvo died at the scene. Montalvo’s wife, Annette Duenas Montalvo, and their two minor children, Alfredo Isiah Montalvo and Kassandra Montalvo, sued the deputies’ employer, the county of Los Angeles; and nine responding deputies, Rodolfo Santana, Ernest Magana, Edward Martinez, Eric Sorensen, Antonio Garcia, Fred Ellrott, Gregory Boling, Joshua Bardon and Noah Corrales. The decedent’s mother, Maria Montalvo, was originally a plaintiff in case, but was later dismissed prior to trial. Additionally, the individual deputy defendants were dismissed from the case, and the matter continued against the county only. Plaintiffs’ counsel argued that the deputies used excessive force and violated Mr. Montalvo’s civil rights. Counsel contended that Mr. Montalvo was unarmed and attempted to comply with the commands of the deputies to get out of his car, which consequently caused the contact with the unmarked sheriff’s vehicle. In addition, plaintiffs’ counsel called the coroner, who testified that a gunshot wound to Mr. Montalvo’s left arm/head indicated that the decedent’s arm was most likely raised when he was shot. Defense counsel argued that the deputies believed Mr. Montalvo was attempting to flee and/or ram those behind his vehicle. Thus, counsel argued that the force the deputies used was justified., Mr. Montalvo sustain multiple gunshot wounds and died at the scene. He was 29. The decedent is survived by his wife, Annette, and two young children, Kassandra, 4 years old, and Alfredo, Jr., 6 months old. Mr. Montalvo’s family sought recovery of economic and non-economic damages as a result of the decedent’s wrongful death.
COURT
Superior Court of Los Angeles County, Compton, 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
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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