On April 30, 2009, plaintiffs’ decedent Luis Gutierrez, an unemployed 26 year old, was walking home from the Department of Motor Vehicles on the East Gum Avenue overpass in Woodland. He had a shaved head, and was wearing dark, baggy pants and a baggy, white t-shirt. As he was walking home, Gutierrez was noticed by three sheriff’s deputies, Dale Johnson, Hernan Oviedo and Hector Bautista, all members of the Yolo County Gang Task Force. The deputies were dressed in plain clothes and riding in a dark-colored, unmarked Ford Taurus when they decided to attempt a consensual contact. When Bautista, the driver of the car, stopped the Taurus, Johnson exited the vehicle and identified himself. Gutierrez then allegedly put his hand in his pocket and ran. As a result, Johnson and Oviedo pursued Gutierrez on foot, and Bautista turned the car around. Oviedo and Johnson ultimately began shooting at Gutierrez, with Johnson firing four shots and Oviedo firing twice. Gutierrez was struck once in his right shoulder, with the bullet exiting through the left side of his jaw. He died a short time later. A pocketknife was found near Gutierrez and methamphetamine was found in his blood. It was determined that Oviedo fired the fatal shot. The Woodland Police Department conducted a criminal investigation into the shooting death and the Yolo County Sheriff’s Department conducted an Internal Affairs investigation. The investigations found that there were no violations of law or of the policies of the Yolo County Sheriff’s Department. Thus, no criminal charges were brought against the deputies. Gutierrez’s parents, Jose and Irma Gutierrez, sued the city of Woodland, the county of Yolo, Johnson, Oviedo and Bautista, alleging unlawful detention and excessive force. Ultimately, the city was voluntarily dismissed from the case prior to trial. Plaintiffs’ counsel argued that the deputies used excessive force when they shot Luis Gutierrez. Counsel contended that when Gutierrez was contacted by the deputies, Johnson did not properly identify himself. Counsel further contended that when Johnson caught up to Gutierrez, he grabbed Gutierrez by the shoulders and turned him around. Plaintiffs’ counsel asserted that because Johnson did not have probable cause to pursue Gutierrez, then any type of touching was unlawful detention. Counsel further asserted that the knife found at the scene was not Gutierrez’s, and that it was the type and quality commonly used by first responders, such as firefighters, paramedics and police officers, noting that it had “Fire Fighter” inscribed on the blade. In addition, plaintiffs’ counsel questioned whether the subsequent investigations into the shooting by the Woodland Police Department and/or the Yolo County Sheriff’s Department complied with generally accepted police practices. Plaintiff’s counsel also called two witnesses, who each claimed to see the shooting but not the knife. However, their accounts were inconsistent with each other, including which side of the street the shooting occurred on. In addition, the defense’s use of force expert testified that a knife attack occurs very quickly and that a civilian could easily miss it. He also did a demonstration for the jury with a pen in his hand to illustrate his point. Thus, defense counsel argued that the fact two passersby did not see a knife, does not mean that it was not there — it means that they did not see it. Johnson claimed that when the Taurus stopped, he exited the vehicle and properly identified himself as a law enforcement officer. He also noted that though he and the other deputies were in plain clothes, they wore belts that displayed their badges, and that held their side arms and radios. Defense counsel argued that Johnson acted within proper and adequate standards, and had probable cause to pursue Gutierrez due to the decedent’s questionable behavior and attempt to flee the scene. Counsel contended that Gutierrez’s actions caused the deputies suspect criminal activity, which made them act accordingly, within reasonable limits. In addition, the deputies testified that when Johnson caught up to the decedent, Gutierrez evaded Johnson’s grasp, pulled a knife out of his pocket and swung it at Johnson. Oviedo, who was behind Gutierrez, claimed he saw the attack and was prompted to shoot the decedent. Defense counsel noted that although the knife found at the scene was inscribed with “Fire Fighter” on the blade, variations of this type of knife can be readily found on the Internet. In addition, counsel contended that the testing of a “low amount” of “degraded” DNA from skin material on the knife handle ruled out Johnson, Oviedo and Bautista as having handled it, but did not exclude Gutierrez. Thus, defense counsel argued that the shooting was lawful because the deputies were attempting to protect themselves and others., Luis Gutierrez sustained a gunshot wound to the right shoulder, with the bullet traveling through his neck and throat, and exiting through the left side of his jaw. He was subsequently taken by ambulance to a local hospital and died within 10 to 20 minutes of his arrival. Gutierrez’s parents sought recovery of damages for the wrongful death of their eldest son.