Case details

Officer acted in self-defense after commands went ignored: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound, head
FACTS
On Oct. 11, 2016, plaintiff’s decedent Mauricio Barron, 27, was driving a friend’s vehicle on Interstate 5, in San Diego. The friend was to have driven Barron to a hospital because of mental issues, but Barron took his friend’s vehicle and left his friend. Barron eventually abandoned the vehicle on Interstate 5 and began walking on the freeway. Daniel Agee, a motorcycle officer, responded to a call of a pedestrian on the freeway. Agee approached Barron by himself, while two other California Highway Patrol officers conducted a traffic break. Agee ultimately shot Barron three times. One of the shots struck Barron in the head, and Barron died at the scene. The decedent’s mother, Leticia Barron, acting individually and as her son’s successor in interest, sued Agee and Agee’s employer, the state of California. The lawsuit alleged that Agee’s actions were excessively forceful. The lawsuit further alleged that the state was vicariously liable for Agee’s actions. Plaintiffs’ counsel contended that the decedent was unarmed and posed no threat at the time of the shooting. Counsel argued that Agee’s actions constituted excessive force. Defense counsel contended that Agee was not aware of the decedent’s identity and had no information about him. Counsel also contended that Agee fired his weapon in self-defense when the decedent continued to walk toward Agee, despite Agee’s commands for him to stop., Mauricio Barron sustained three gunshot wounds, including one gunshot wound to his head. He died at the scene in Oct. 11, 2016. He was 27 years old. The decedent’s mother, Leticia Barron, sought recovery of wrongful death damages for the loss of her son.
COURT
United States District Court, Central District, Santa Ana, CA

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