Case details
Family claimed officer wrongfully shot unarmed teen
SUMMARY
$2100000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound
FACTS
On Aug. 18, 2018, plaintiffs’ decedent Carmen Mendez, 15, a student, was a passenger in a car driven by a person leading police on a high-speed chase. When the driver stopped at the intersection of Service and Sperry Roads, in the Denair area of Stanislaus County, Carmen attempted to flee toward an olive orchard. However, as Carmen fled, Officer Ross Bays shot Carmen once in an elbow and once in the back. Carmen ultimately died at the scene, and a firearm was recovered near him. Carmen’s father, Jorge Mendez Sr.; brothers, Jorge Mendez Jr. and Kyland Riley; aunt, Rosario Sanchez; and grandparents, Bertha Mendez and Domingo Mendez, individually and as representatives of Carmen’s estate, sued Bays; Bays’ supervisor, Chief of Police Brent Smith; and Bays’ employers, the city of Ceres and the Ceres Police Department. Carmen’s mother, Stephanie Beidleman, individually and as a representative of Carmen’s estate, brought a separate suit against Bays, Smith, the city and the police department. The matters were consolidated. Carmen’s family alleged that Bays violated Carmen’s civil and constitutional rights to be free from excessive force and that the remaining defendants were liable for Bays’ actions. Plaintiffs’ counsel contended that Carmen was unarmed as he fled from the vehicle and that Bays did not have any legal right to fire at Carmen since Carmen did not present a threat of imminent grievous bodily harm to Bays or any other person. Defense counsel contended that, prior to the initiation of the pursuit, officers received multiple calls about Carmen and the vehicle in which he was an occupant. Counsel contended that the first call was in regard to a verbal altercation that resulted in the brandishing of a firearm at a citizen in a nearby park and that other calls were in regard to a hit-and-run accident, in which the vehicle occupied by Carmen struck another vehicle. Defense counsel also contended that the officers were able to locate the vehicle containing Carmen and others after the hit-and-run accident and that Carmen’s vehicle fled at high speeds until a mechanical malfunction caused the fleeing vehicle to stop at the subject intersection. Counsel asserted that Carmen lost control of his firearm as he leapt from the vehicle, resulting in the weapon falling to the ground, but that Carmen picked up the dropped firearm and began running through the field toward a residence. Thus, defense counsel asserted that Bays discharged his firearm, striking Carmen, because Bays feared death or serious bodily injury to himself and/or others., Carmen sustained gunshot wounds to an elbow and his back. He died at the scene. He was survived by his father, Jorge Mendez Sr.; mother, Stephanie Beidleman; brothers, Jorge Mendez Jr. and Kyland Riley; aunt, Rosario Sanchez; grandmother, Bertha Mendez; and grandfather, Domingo Mendez. The decedent’s family sought recovery of wrongful death damages for the loss of Carmen.
COURT
United States District Court, Eastern District, Fresno, CA
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