Case details
Family claimed deputy was not in danger at time of shooting
SUMMARY
$1500000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, death, gunshot wound, loss of parental guidance, loss of society
FACTS
On July 7, 2013, plaintiffs’ decedent Adam Bosch, 29, a third-generation ironworker, was in his vehicle at an AM/PM gas station in Jurupa Valley when he was approached by county of Riverside sheriff’s deputies, including Steve Lycopolus. When Bosch did not comply with the deputies’ commands and began to drive away, Lycopolus opened fire at Bosch’s vehicle, which continued on its course until it crashed into a fence. Bosch was struck in the arm and left side by some of the bullets fired during the shooting. He ultimately died at the scene. Bosch’s family sued Lycopolus and his employer, the county of Riverside. The family alleged that Lycopolus’ actions constituted excessive force and that the county was liable for Lycopolus’ actions. Plaintiff Marissa Holland, who was initially a passenger in Bosch’s vehicle, but had got out before the shooting, claimed that she was wrongfully arrested following the shooting. Plaintiffs’ counsel relied on the testimony of independent eyewitnesses, forensic evidence, the autopsy report, and surveillance video that showed that Lycopolus was not in front of Bosch’s vehicle when he fired the shots. However, defense counsel noted that the AM/PM witnesses all testified in deposition that there was no video showing Lycopolus’ position when the vehicle started moving due to the camera angle leaving an area not captured on video. Defense counsel contended that the sheriff’s deputies at the scene observed Bosch, an unemployed gentleman who was sought on an outstanding felony warrant, arrive at an AM/PM gas station. Lycopolus claimed that he had recognized Bosch as a wanted felon based on a photograph he had seen, and the deputies claimed they recognized Bosch because of his distinctive tattoos and from seeing photographs of him as a person subject to arrest. The deputies also claimed that they were advised over the radio that Bosch should be considered armed and dangerous. Defense counsel contended that when the deputies began contacting Bosch, the suspect put his vehicle in gear and charged forward while Lycopolus was at the left, front corner of the vehicle, in plain view of Bosch. Counsel contended that as a result, Lycopolus leaped back and fired in self-defense. Defense counsel further contended that once the vehicle was stopped, Bosch was found to be armed with a handgun in the pocket of his sweatshirt. The autopsy further established that Bosch had methamphetamine in his system at the time of the incident. In addition, defense counsel noted that Holland was unrelated to Bosch, but initially advised the sheriff’s deputies, falsely, that she was pregnant with Bosch’s child., Bosch sustained gunshot wounds to the left arm and left side of his body. He ultimately died at the scene. Bosch was survived by his parents, Jennifer Bosch and Ignatz Bosch, and his minor son. The decedent’s family sought recovery of wrongful death damages based on the loss of the decedent’s comfort, care, and companionship, as well as survival damages based on the decedent’s conscious pain and suffering and loss of enjoyment of life. His passing was deeply mourned by his family.
COURT
United States District Court, Central District, Los Angeles, CA
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