Case details
Family claimed deputies repeatedly shot decedent
SUMMARY
$3600000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound
FACTS
On the morning of Dec. 12, 2015, plaintiffs’ decedent Nicholas Robertson, 28, an unemployed, stay-at-home dad, walked by an Arco gas station at the intersection of Long Beach Boulevard and Magnolia Avenue, in Lynwood, when two Los Angeles Police Department sheriff’s deputies shot at him 33 times over the course of 25 seconds. Robertson subsequently suffered 17 gunshot wounds and died at the scene. Of the 17 gunshots, only two of them were fatal. The decedent’s wife, Nekesha Robertson; three minor children through their guardian, Precious Bradford; and parents, Charles and Anthonett Robertson, sued the deputies’ employer, the county of Los Angeles. Deputies Jasen Tapia and Richard Ochoa-Garcia were later added as defendants. The decedent’s family alleged that the deputies’ actions constituted excessive force in violation of the decedent’s Fourth Amendment rights; substantive due process in violation of all of the plaintiffs’ Fourteenth Amendment rights; and battery and negligence, resulting in the decedent’s wrongful death, in violation of state law. Plaintiffs’ counsel acknowledged that the decedent was carrying an unloaded firearm at the time, but argued that the decedent posed no threat to the officers or the public. Counsel also contended that deputies are trained to shoot in two or three round bursts before assessing the situation, but that the subject deputies did not follow their own training. Plaintiffs’ counsel further noted that the defense’s pathology expert, who did not personally examine the decedent’s body, opined that it was the last two shots that were fatal. Accordingly, plaintiffs’ counsel argued that the deputies’ use of force was excessive. Defense counsel contended that the sheriff’s department received calls from residents who heard shots fired on the subject morning and who allegedly saw the decedent pointing a gun at people. Counsel also contended that the residents reported a suspect, who allegedly matched the decedent’s description, walking the streets with a gun. In addition, defense counsel contended that the decedent was armed with a handgun that he previously fired repeatedly and that after dozens of warnings to drop the gun, the decedent repeatedly pointed the gun at the deputies and the public. Thus, counsel argued that when the officers arrived at the scene, the decedent turned and pointed a gun at them, so the deputies fired their weapons out of fear for their lives. In response, plaintiffs’ counsel presented footage from surveillance cameras at the El Infierno Restaurant across the street from the Arco gas station and several different surveillance cameras at the Arco. Counsel argued that the video footage showed the decedent walking in the opposite direction from the deputies when the officers began shooting at him., Nicholas Robertson, 28, suffered 17 gunshot wounds and died at the scene on Dec. 12, 2015. He was survived by his two minor daughters, one minor son, his wife (Nekesha Robertson), and his parents (Anthonett Robertson and Charles Robertson). Plaintiffs’ counsel contended that the decedent was a stay-at-home dad and was primarily responsible for taking care of his minor children. Thus, the decedent’s family sought recovery of wrongful death damages for the loss of Nicholas Robertson.
COURT
United States District Court, Central District, Los Angeles, CA
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