On Aug. 17, 2015, plaintiffs’ decedent Richard Jacquez, an unemployed 42-year-old, was driving on Kirkhaven Court, in San Jose, when San Jose police officers initiated a traffic stop. Jacquez attempted to flee on foot and head toward a relative’s house in a residential neighborhood. The police officers, including SWAT team officer Jacob Morris, pursued him. When Jacquez was near the door of a home, Morris shot him multiple times, striking him in the chest and back. Jacquez died at the scene. The decedent’s mother, Gloria Jacquez, and his minor son, R.J., acting individually and as the decedent’s co-successors-in-interest, sued Morris and the officer’s employer, the city of San Jose. The decedent’s sister, Chandra Jacquez, also acting individually and as the decedent’s successor-in-interest, brought a separate action against the city of San Jose. The matters were ultimately consolidated. Plaintiffs’ counsel contended that while the decedent was running in the opposite direction of Morris, the decedent was unarmed, had his hands in the air and did not pose a threat to anyone at the time he was shot. Counsel also noted that a witness testified that she did not hear Morris warn Jacquez before shooting him and that Jacquez had stepped away from the door when he was shot. Plaintiff’s counsel argued that as a result, Morris used excessive and unreasonable force when he shot Jacquez, an unarmed man, who was not resisting arrest and may have been surrendering. Defense counsel contended that Richard Jacquez was suspected of murder and that officers knew that another suspect in the murder pulled a gun on San Jose police officers when they tried to arrest him the day before. Counsel also contended that Jacquez and the other suspect were both seen on video chasing the murder victim with guns while a third, masked accomplice hit the victim with a spiked ball on a chain. In addition, defense counsel contended that officers with the Mobile Emergency Response Group and Equipment Unit covertly tailed Jacquez for hours on the date of the subject incident and waited for an opportunity to take him safely into custody, but that Jacquez eventually realized he was being followed and tried to flee. Counsel argued that Jacquez was believed to be armed with the same machine pistol he had used days earlier in the murder and that he was planning to kill a female acquaintance who he believed knew too much. Defense counsel presented audio recordings, which demonstrated that one minute elapsed from when the pursuit began to when the shots were fired. Morris claimed that in that minute, Jacquez sped through rush hour traffic into a residential neighborhood and jumped out of the car he was driving. Morris claimed that as a result, he struck Jacquez with his police car, but that Jacquez still ran down the sidewalk and up to the door of a home, allegedly ignoring commands to stop. Morris claimed that Jacquez appeared to be armed and was attempting entry into a residence, so he ultimately shot Jacquez to prevent him from entering the home and harming residents who might be inside. Plaintiffs’ counsel questioned Morris’ account. Counsel argued that Morris overreacted and that he should have realized that Jacquez was not actually armed when he fled. In response, defense counsel argued that the events happened very quickly and that doubts on Morris’ testimony were not supported by physical evidence, such as bullet wounds. Defense counsel also noted that the plaintiff’s “witness” was the woman Jacquez reportedly planned to murder and who police described as an unwitting hostage., The trial was bifurcated. Damages were not before the court. Richard Jacquez was shot multiple times in his chest and back. He died at scene. He was 42 years old. Jacquez was survived by his mother, Gloria Jacquez; his minor son, R.J.; and his sister, Chandra Jacquez. The decedent’s family sought recovery of wrongful death damages for their loss of society and companionship.