Case details

Deputies shot at man who was surrendering, lawsuit alleged

SUMMARY

$925000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
On July 19, 2018, plaintiffs’ decedent Carmelo Pizarro, 22, a worker of various unskilled jobs, was allegedly stopped in his vehicle in the middle of the roadway when Los Angeles County Sheriff’s Deputies pulled up behind him to conduct a welfare check. Pizarro attempted to flee, driving at a high rate of speed on westbound Washington Boulevard, in Pico Rivera, while being pursued by the deputies. As a result of his erratic driving, Pizarro crashed into a light pole and another vehicle. He exited his vehicle and ran from the deputies. The deputies pursued Pizarro through residential neighborhoods before ultimately stopping in front of a residence where Pizarro turned to face the deputies. When a deputy fired a shot, Pizarro again fled on foot, running through backyards of homes before running back onto the street, where he was again pursued by the deputies. Pizarro eventually slowed to a walk and stopped in a driveway two houses past his own. The deputies then shot Pizarro multiple times, and Pizarro was pronounced dead at the scene. After the incident, a gun was recovered from one of the backyards that Pizarro allegedly crossed through while being pursued. In addition, an autopsy was performed, and the toxicology report determined that Pizarro was positive for methamphetamine, marijuana and alcohol. Pizarro’s parents, Maria Reza and Carmelo Pizarro Sr.; his minor daughter, acting by and through her guardian ad litem, Esmeralda Esteban; and the younger Pizarro’s estate sued Sheriff’s Deputies Miguel Cabrera, Brandon Longoria and Michael Stephenson; and the deputies’ employer, Los Angeles County. The lawsuit alleged that the deputies’ actions constituted violations of Pizarro’s civil and constitutional rights to be free from excessive force and that the county was liable for the deputies’ actions. Plaintiffs’ counsel contended that the gun that was found in one of the backyards was missing the firing cylinder and that the weapon was not in the hands of Pizarro at the time the deputies fired at him. Counsel therefore asserted that Pizarro was unarmed and attempting to surrender when he was shot by the deputies and that the deputies use of deadly force was unreasonable. The deputies claimed that Pizarro fled from them, was driving erratically and crashed before fleeing on foot through residential neighborhoods. They claimed that Pizarro eventually stopped in front of a residence, where he turned to face them, attempted to arm himself with a handgun that was strapped to his waist and said he was going to kill them. They claimed that one of the deputies shot at Pizarro, but that Pizarro ran away from them again while clutching the handgun held in his waistband. The deputies claimed that Pizarro then ran through various backyards and ultimately back onto the street, where they again pursued him. They claimed that Pizarro refused multiple commands to stop and surrender and that Pizarro continued to walk two houses past his own home, while continuing to reach toward his waistband, before ultimately stopping in a driveway. The deputies claimed that they were in fear for their lives and the lives of the neighboring residents, as they believed Pizarro still had the firearm he brandished when he crashed his vehicle, as Pizarro continued to reach for his waistband. They claimed that as a result of their fear that Pizarro still had the weapon, they shot Pizarro multiple times. Defense counsel contended that the ballistics on the gun that was recovered from one of the backyards that Pizarro crossed through matched the bullets found in the body of a person murdered in front of Pizarro’s home three weeks prior. Counsel also contended that Pizarro was seen on a surveillance video with the murder victim minutes before that murder occurred and that witnesses allegedly saw Pizarro standing over the murder victim’s body immediately after shots were fired. Defense counsel further contended that during the police pursuit, Pizarro was under the influence of illegal drugs and refused to follow commands to get on the ground. Thus, defense counsel asserted that there was no evidence that Pizarro ever attempted to surrender at any time., Pizarro sustained multiple gunshot wounds and was pronounced dead at the scene. He was survived by his mother, Maria Reza; his father, Carmelo Pizarro Sr.; and his minor daughter. The estate sought recovery of wrongful death damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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