Case details

Officer could have used Taser instead of deadly force: family

SUMMARY

$4750000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arterial, blood loss, death, gunshot wound, vascular
FACTS
On Sept. 7, 2017, plaintiffs’ decedent Casimero Casillas, 45, a Table Mountain Rancheria tribe member who worked in construction and owned his own lawn service and hauling company, fled from a traffic stop when Fresno police attempted to stop him for a seat belt violation. After the vehicle pursuit, police officer Trevor Shipman confronted Casillas in the den of Casillas’ home in East Central Fresno. Casillas had methamphetamine and alcohol in his system, and when Shipman saw that Casillas had a 2-foot pipe in his hands, he shot Casillas three times; once in the back, once in the abdomen and once in the thigh. Casillas died from his . Only Shipman and Casillas were inside the den at the time of the shooting, so there were no eyewitnesses to dispute Shipman’s version of the shooting. The decedent’s wife, Cheryl Casillas, acting individually, as her husband’s successor in interest and as the guardian ad litem to their minor daughter, Alani Casillas, sued Shipman, the city of Fresno and the Fresno Police Department. The decedent’s wife alleged that Shipman violated her husband’s civil rights by using excessive force and that Shipman was liable for battery and negligence, including pre-shooting negligence. She also alleged that Shipman was liable for her husband’s wrongful death and that the city and police department were liable for Shipman’s actions. Two of the decedent’s close friends, Robert Verduzco and Jamila Lindsey, also sued Shipman, the city and the police department, but Verduzco and Lindsey were dismissed from the case prior to trial. In addition, the decedent’s four minor sons–Calvin Casillas, Solomon Casillas, Angel Casillas and Abel Casillas, acting by and through their guardian ad litem, Beatriz Catano–were added as plaintiffs to the case. Plaintiffs’ counsel contended that dispatch recordings indicated that the vehicle pursuit was at a slow speed and that the decedent obeyed the majority of the traffic laws during the pursuit. Counsel also contended that the pursuit was called off by Shipman’s supervisors, as the pursuit stemmed from a seat belt violation, but that Shipman continued to the pursuit and even released a K-9 to find the decedent. Counsel further contended that the decedent grabbed a pipe, not to strike Shipman or anyone else, but to protect himself from the K-9 that had been released, which counsel argued was consistent with the decedent having never attempted to injure any of the officers with the pipe. Plaintiffs’ counsel argued that no verbal warning that deadly force would be used was given prior to the shooting and that nearby witnesses, including several officers, indicated that they never heard Shipman say anything prior to the shooting. Counsel also argued that when the shooting occurred, the decedent was walking toward an open door to the east of the den, not toward Shipman to strike him. In addition, plaintiffs’ counsel argued that Shipman had time to draw his Taser to try to stop the decedent before using deadly force and that Shipman even indicated that he thought about drawing his Taser prior to the shooting. Defense counsel contended that before the decedent arrived at his home, the vehicle pursuit had turned into a felony charge of evading an officer. Counsel also contended that the decedent was suicidal and that the incident was a suicide-by-cop-type of shooting. Specifically, defense counsel argued that at the time of the shooting, the decedent had a 2-foot pipe in his hands, was walking in the general direction of Shipman, and refused to stop as he advanced on Shipman with the pipe. Shipman claimed that he yelled at the top of his lungs for the decedent to stop and get on the ground, but that the decedent ignored his commands and continued to advance on him with the pipe raised about chest high. Shipman admitted that he thought about using his Taser, but he claimed that there was a Fresno Police Department Taser policy that required two officers to be present when a Taser is deployed. He claimed that since he was by himself, he did not use his Taser, and that when the decedent got to within 5 to 7 feet of him, he fired three shots from his service weapon. Defense counsel argued that Shipman’s use of force was objectively reasonable under the circumstances. In response, plaintiffs’ counsel argued that the decedent never swung or attempted to swing the pipe he was holding at any of the three officers he encountered before he was shot, which showed that the decedent’s actions were not those of an individual trying to commit suicide by cop. In addition, plaintiffs’ counsel argued that no such Taser policy existed within the Fresno Police Department and that Shipman simply made up a fake policy., Casillas sustained three gunshot wounds; one in the back, one in the abdomen and one in the thigh. He ultimately bled to death from his gunshot wounds. He died at Community Regional Medical Center, in Fresno. Casillas was 45 years old. He was survived by his wife, Cheryl Casillas; his minor daughter, Alani Casillas; and his four minor sons, Calvin Casillas, Solomon Casillas, Angel Casillas and Abel Casillas. The Casillas family noted that the decedent lived at the home where he was killed and that he had purchased the home with money from his tribe. They sought recovery of wrongful death damages for the loss of a husband and father. They also sought recovery of survival damages. Defense counsel disputed the alleged closeness of the Casillas family, noting that the decedent had eight prior driving-under-the-influence convictions and that the decedent had spent several years in prison.
COURT
United States District Court, Eastern District, Fresno, CA

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