On Nov. 28, 2010, plaintiffs’ decedent Richard Poccia, 60, a registered nurse, was in a state of severe mental crisis while alone at his home on Meek Avenue, in Napa. After being contacted by the Napa Police Department, Poccia agreed to come out of his residence for what was characterized as a “welfare check.” The Poccia home was approached by several members of the Napa Police Department, including Officer Nick Dalessi, who was armed with an AR-15 assault rifle. Other members of the Napa Police Department were armed with AR-15 rifles, pistols, a Taser, a Sage weapon, and a bean bag shotgun. Officers positioned themselves, out-of-sight, behind a retaining wall a half block from Poccia’s home. When Poccia walked out of his home at the request of the police, he removed his coat, tucked in his shirt and put his hands in the air. He also complied with Napa Police Department’s request to spin in a circle twice and then walk backward a half a block toward the nearest cross street. The officers noted that Poccia was compliant and calm, but that his gait was unsteady and he was off balance as if he was impaired. Before Poccia left his home, police told him that they just wanted to check on him and that he was not going to be arrested. However, as Poccia walked backward down the street, he did not know armed officers were waiting behind the retaining wall. As a result, officers noted that Poccia seemed surprised to see them holding weapons and became upset. The Napa police officers subsequently converged in a semi-circle and tried to restrain Poccia. The commanding Sergeant, who was watching from behind a nearby bush, broadcast over the radio that it was okay to shock Poccia with a Taser. Officer Brad Baker then yelled “Taser, Taser, Taser” before shoot Poccia with his Taser weapon. At the same time, Dalessi discharged his AR-15 and shot Poccia in the head. Poccia died instantly. A small, pink, unopened pocket knife was photographed on the ground next to Poccia after the incident. No gun was ever found. The decedent’s wife, Samanda Dorger (acting individually and as a successor-in-interest to her husband’s estate), and adult daughter, Gabrielle Poccia, sued Napa police officers Brad Baker and Nick Dalessi; Napa Police Chief Richard Melton; Napa Police Sergeant Amy Hunter; and their employer, the City of Napa. The decedent’s family alleged that the defendants’ actions constituted excessive force, resulting in the decedent’s wrongful death. After the court granted defense counsel’s motion for summary judgment, the case proceeded to trial against Dalessi, Hunter, and the city. Plaintiffs’ counsel argued that the decedent was shot without provocation after he had agreed to come out of his home and talk to the police. Counsel noted that no gun was ever found and that that the small, pink, unopened pocket knife wasn’t photographed next to the decedent until 30 minutes after the incident. Counsel also noted that none of the officers that were in the semi-circle saw a weapon on the ground immediately after the shooting. In addition, civilian witnesses to the shooting disputed the claim that the decedent brandished any weapon or made any sudden lunging movement. The witnesses also testified that the pink knife shown in the police photos was not on the ground for the first twenty or so minutes after the decedent was shot. Thus, plaintiff’s counsel argued that the decedent’s death came as a result of the officers’ failure to approach and treat the decedent as a mentally ill subject, as opposed to performing an ill-conceived tactical raid. Defense counsel argued that the decedent was suicidal and that the officer’s actions were a lawful and justified response to a life-threatening situation that endangered the lives of the officers and the decedent. Counsel contended that although the decedent initially complied with the officers, his demeanor quickly changed when he was within 8 feet of them. Counsel maintained that despite the officers repeated assurances, the decedent became belligerent and aggressive, and ignored constant commands to keep his hands up and move slowly. Defense counsel contended that, instead, the decedent lunged at the officers, yelled profanities, and assumed a fighting stance. Dalessi claimed that the decedent made a lunging motion for his waist band and that he believed the decedent was pulling out a gun. Other Napa police officers testified that the decedent made a sudden lunging movement for his waist band and that the decedent pulled out a knife. In addition, defense counsel contended that physical evidence established that the decedent was not shot from behind or while handcuffed. Defense counsel contended that subsequent autopsy reports showed that the decedent’s blood alcohol content was 0.32 percent. Tests also revealed the presence of Methadone and Dipehenhydramine, a common sedative. Defense counsel also contended that the police received information on the morning of the shooting that made them concerned about the potential for violence. For example, the police received multiple reports from the decedent’s wife, Dorger, and from family friends about the decedent, who was alone in the residence at the time, being in severe psychiatric distress for two days and was deteriorating. The police were also informed that the decedent was drinking heavily and that he owned at least 13 firearms, including handguns and rifles. In addition, the police were informed that the decedent had fired a shot through an interior wall of his home, was suicidal, and presented a danger to others. Defense counsel contended that a physician friend had visited the decedent earlier in the day and then told police that the decedent spoke about confronting the officers, if they came to his home. The friend also allegedly told police that the decedent said that if the officers did go to his home, they would die, or he would die, or both. The physician confirmed the decedent was struggling with post-traumatic stress disorder and paranoia, and the physician allegedly told police that the decedent was armed with two handguns and a shotgun. Defense counsel contended that the Napa police consulted with the decedent’s health provider, who stated that the decedent may have been suffering from withdrawal from Klonopin, which is commonly prescribed to treat seizures and panic disorders. Counsel contended that as a result, the police requested assistance from Napa County Mental Health, but that the decedent did not answer his phone or return the voicemail message from a social worker, who tried to reach the decedent before the incident., Richard Poccia was shot in the head with an AR-15 assault rifle. His wounds were fatal and immediate. The decedent was 60 years old. He is survived by his wife and adult daughter. The decedent’s family sought recovery of wrongful death damages. Defense counsel noted that the decedent was previously employed as a nurse for several years, but had more recently been unemployed for months. Thus, the decedent’s family did not seek recovery of any alleged wage loss.