Case details

Officers claimed appropriate force used during fatal shooting

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
On Nov. 8, 2010, at approximately 9:30 p.m., plaintiff’s decedent Derrick Jones,37, a barber shop owner, was on the corner of Trask Street in Oakland when Oakland Police Officers Eriberto Perez-Angeles and Omar Daza-Quiroz approached him at gunpoint. The officers were previously flagged down in the area of Foothill Boulevard and Bancroft Avenue by a woman who claimed that her boyfriend, Jones, had choked her, taken her cell phone and smashed her windshield. The officers subsequently went to Jones’ barbershop on Bancroft Avenue to look for him, but Jones allegedly fled the scene and ignored their commands to stop. They then found Jones hiding near a car on the corner of Trask Street, and approached him at gunpoint. The officers claimed they ordered Jones to show his hands, but that he advanced towards Perez-Angeles and then ran toward a fence. Jones allegedly attempted to scale the fence, but then let go and turned toward the officers. The officers ultimately fired nine shots, hitting Jones six times. He died at the scene, and no firearm was recovered in the area or on Jones’ person. The decedent’s widow, Lanell Jones, who was acting individually and as representative of her husband’s estate, sued Daza-Quiroz and Perez-Angeles, as well as their employer, the city of Oakland. Ms. Jones alleged that the officers’ actions constituted excessive force in violation of the Fourth Amendment, resulting in her husband’s wrongful death, and that the city was liable for the officers’ actions. Plaintiff’s counsel contended the officers used excessive force when they attempted to arrest the decedent for domestic violence. Counsel also contended that Daza-Quiroz failed to deploy his Taser as a means of apprehending the decedent and, instead, began firing his weapon. Plaintiff’s counsel further contended that the officers violated state law by committing battery. Daza-Quiroz and Perez-Angeles claimed that after the attack was reported to them, they went to Kwik Cuts barbershop to locate Mr. Jones, but that Jones lied about his name and then ran away when they tried to handcuff him. Perez-Angeles claimed that he deployed his Taser in an attempt to stop Mr. Jones, but that the decedent kept running, stretching and breaking the Taser wires. The officers also claimed that Mr. Jones ignored their commands to stop as they chased him for almost three blocks, during which time Mr. Jones threw an object that made a metal sound that they assumed at the time was a discarded firearm. The officers further claimed that when they found Mr. Jones hiding near a car, they approached him at gunpoint and ordered him to show his hands. However, they alleged that Mr. Jones advanced toward Perez-Angeles and then ran toward a fence in an attempt to scale it. In addition, the officers claimed that when Mr. Jones let go of the fence and turned toward them, they aimed their guns at him and ordered him to show his hands, but that Mr. Jones refused and reached toward his waistband. Daza-Quiroz and Perez-Angeles claimed that as a result, they feared for their lives and fired their guns at Mr. Jones. Defense counsel argued that the force used by Daza-Quiroz and Perez-Angeles was reasonable since the decedent posed a threat and refused to cooperate when the officers asked him to show his hands. Counsel also presented evidence that, during most of 2009, the decedent served time in Santa Rita and San Quentin prisons for violation of his parole., Mr. Jones was shot six times and died at the scene. He was 37. Mr. Jones’ wife claimed that she married the decedent in 1999, that he was her sole source of financial support, and that they had a loving relationship. Thus, she sought recovery of $10 million in economic and noneconomic wrongful death damages. Defense counsel argued that Ms. Jones had filed for legal separation from the decedent on two occasions (in 2006 and 2007), that the decedent had a child with another woman in 2008, and that the decedent had moved on to a new relationship with his girlfriend in 2010. In response, Ms. Jones claimed that while she was separated several times from the decedent, they were never divorced, and were still together and legally married at the time of his death.
COURT
United States District Court, Northern District, Oakland, CA

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