Case details

Family claimed officers escalated situation with homeless man

SUMMARY

$1950000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
At 11:57 a.m. on March 1, 2015, plaintiffs’ decedent Charley Leundeu Keunang, 43, a native of Cameroon who was homeless and went by the names of “Africa,” “Cameroon,” or “Charley Saturmin Robinet” (because of a stolen identification card), was ordered by police from the Los Angeles Police Department to come out of his tent, located in Skid Row, at South San Pedro Street, in Los Angeles. Earlier that night, someone called 911 to report that Keunang had allegedly robbed and threatened him. The caller alleged that Keunang had threatened him with a baseball bat. As a result, the police responded to the scene and ordered Keunang out of his tent. However, the officers claimed that upon their arrival, Keunang became aggressive and ignored their commands, so when Keunang refused the police order, they forcibly dragged him out of the tent. A physical altercation then ensued. Ultimately, three of the officers — Francisco Martinez, Daniel Torres and Chand Syed — shot at Keunang. He sustained five gunshot wounds and died at the scene at 11:58 a.m. At least two videos captured the incident. The decedent’s parents, Heleine Tchayou and Isaac Keunang, and the decedent’s adult sister, Line Marquise Foming, sued Syed; Martinez; Torres; and another officer involved in the incident, Joshua Volasgis; as well as the officers’ employer, the city of Los Angeles. The decedent’s family alleged that the defendants violated the decedent’s civil rights to be free from excessive force. Plaintiffs’ counsel contended that the decedent was unarmed, and had schizophrenia and a depressive disorder. Counsel also contended that the video did not show the decedent grabbing for Volasgis’ gun, that Volasgis’ gun never left his holster, that two of the officers testified that they did not see the decedent’s hand on the gun, and that no DNA or fingerprints were found on the gun or the holster. Thus, plaintiffs’ counsel argued that the officers disregarded almost every single aspect of their training on how to communicate effectively and de-escalate situations with people who are mentally ill. Several officers involved in the altercation claimed that the decedent grabbed Volasgis’s gun. Thus, defense counsel argued that the officers feared for their lives and shot the decedent in self-defense. Counsel also noted that the shooting prompted the LAPD to conduct an investigation into the incident and the shooting was reportedly reviewed by the district attorney’s office, the Los Angeles Police Commission and its independent inspector general. In February 2016, the Los Angeles Police Commission ruled that the shooting did not violate its policy on the use of deadly force, as the decedent had allegedly reached for Volasgis’s gun. On Dec. 1, 2016, the Los Angeles County District Attorney’s Office announced that it would decline to file criminal charges against the three officers who shot the decedent. In addition, prosecutors stated that the officers acted in self-defense., The trial was bifurcated. Damages were not before the court. Charley Leundeu Keunang, 43, sustained five gunshot wounds and subsequently died at the scene. He was survived by his mother, Heleine Tchayou; his father, Isaac Keunang; and his adult sister, Line Marquise Foming. At the time of the shooting, the decedent was homeless and living in a tent on Skid Row for less than a year. He had been previously diagnosed with schizophrenia and depressive disorder. However, his family claimed that with their assistance and support, the decedent was in the process of returning to Cameroon, where his father still lived, and starting a new life. Foming claimed that she was in regular contact with her brother and that the decedent sent her a text message the night before he was killed, in which he said, “Have a great evening Line. I will call you tomorrow, Sweetie.” Foming never spoke with her brother again. Thus, the decedent’s family sought recovery of wrongful death damages for the loss of the decedent.
COURT
United States District Court, Central District, Los Angeles, CA

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