Case details

Fleeing unarmed driver fatally shot by CHP officers

SUMMARY

$2012000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In the early morning hours of Aug. 24, 2008, plaintiffs’ decedent Joseph Pinasco Jr., 21, a plumber’s apprentice, stopped his Chevrolet pickup at the intersection of Gawne and Van Allen Roads when he was approached by California Highway Patrol Officers Steve Coffman and Mike Walling, who were responding to reports of street racing. Subsequently, a chase ensued and ended on Little John Road in eastern San Joaquin County, when Pinasco’s vehicle spun out of control and got stuck near a ditch. The patrol officers then pulled over in front of him. As Pinasco’s vehicle allegedly began moving forward, they fired their guns. Of the 20 shots that were fired, Pinasco died from six shots to the head. Pinasco’s parents, Joseph and Toni Pinasco, acting individually and as beneficiaries of their son’s estate and as successors in interest, sued Walling, Coffman and their employers, the state of California and the California Highway Patrol. They alleged that the defendants’ actions constituted excessive force, making them liable for their son’s wrongful death. Plaintiffs’ counsel contended that Joseph Pinasco Jr. was unarmed and minutes from his home when the officers opened fire. Counsel argued that the officers’ use of force was excessive and that the gunshots were an offensive contact classified as battery. Plaintiffs’ counsel argued that Pinasco’s vehicle actually began moving toward the left of the officers, and not directly at them, when they fired their guns. Counsel also argued that the officers’ claim that the pickup was moving directly toward Coffman at the time the shots were fired was contradicted by the physical evidence, which showed that the pickup was moving away from the officer at a low-rate of speed. Coffman and Walling claimed that they perceived that Pinasco’s car was headed toward them at the time of the shooting. They claimed that they yelled commands for him to stop and show his hands, but that Pinasco did not obey and drove toward them, causing them to shoot at the vehicle. The state maintained that the officers reacted accordingly to eliminate the threat to their safety., Joseph Pinasco Jr. was shot six times in the head and died at the scene. He was 21, and was survived by his parents and three sisters. Pinasco’s family claimed that they were a close family. Thus, they sought recovery of wrongful death damages. However, there was no claim by the parents for loss of financial support or other economic damages.
COURT
United States District Court, Eastern District, Sacramento, CA

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