On Jan. 17, 2013, plaintiff’s decedent Samuel Gonzales, 43, a homeless and mentally ill man, ran from an abandoned house in the 200 block of South “F” Street, in Tulare. As a result, he got into an altercation with Officers Vince Medina and Ryan Richmond. Medina and Richmond were previously responding to a call concerning three suspected gang members loitering at a local bakery store. However, when the officers arrived at the scene, the suspects were gone. As a result, they decided to check a local abandoned property to see if the suspects went there to drink the beer they had obtained from the store. As they arrived, Gonzales ran from the abandoned house. The officers subsequently gave chase. Gonzales and Richmond ultimately fell to the ground, where a struggle allegedly occurred. Medina eventually shot Gonzales, who later died after brief medical care. There were no percipient witnesses to the shooting other than the two officers. However, the bakery owner said that Gonzales did not resemble any of the suspects loitering at his store that night. Gonzales’ mother, Anita Doporto, acting individually and as her son’s successor in interest, sued Medina; Richmond; and the officers’ employer, the city of Tulare. Doporto alleged that the officers’ actions constituted excessive force in violation of the decedent’s civil rights and that this force caused Gonzales’ wrongful death. She also alleged that the city was liable for the officers’ actions. Plaintiff’s counsel contended that the officers conceded that Gonzales never threatened either of them, nor did Gonzales try to kick or punch them during the incident. Counsel also contended that while Richmond and Gonzales were on the ground, Richmond yelled, “He’s going for my gun,” but that Medina never saw Gonzales’ hands on Richmond’s gun and Richmond admitted that his gun remained in its holster. Counsel further contended that even though Richmond’s gun remained holstered, Medina fired two shots that struck Gonzales in the back and side, killing him. Thus, plaintiff’s counsel argued that Medina and Richmond used negligent tactics by beating Gonzales with their flashlights and by fatally shooting Gonzales. Counsel further argued that the shooting was an overreaction and that there were alternative, less than lethal, options to take Gonzales’ into custody. Medina and Richmond claimed that they chased Gonzales because Gonzales appeared to be running away from them. They alleged that since Gonzales was the only person to come out from the abandoned house, they had reasonable suspicion to think that Gonzales was a suspect. They also claimed that once Gonzales and Richmond were on the ground, Gonzales continued to fight with the officer until Gonzales grabbed Richmond’s gun, which was secured in the Richmond’s safety holster. Thus, the officers asserted that the use of deadly force arose when Gonzales attempted to grab Richmond’s gun., Gonzales sustained gunshot wounds to his back and side. He was later pronounced dead at a hospital. Gonzales is survived by his mother, Anita Doporto. Thus, Doporto sought recovery of wrongful death damages for the loss of her son. Plaintiff’s counsel noted that the court admitted evidence of Gonzales’ criminal and drug history. The court also admitted evidence of Gonzales being under the influence of methamphetamine at the time of the incident, of being previously affiliated with a street gang, of having spent 18 years in prison, and of being a parolee at large that was reportedly armed and dangerous. However, plaintiff’s counsel claimed that none of this information was known to either officer at the time of the shooting. In fact, counsel claimed neither officer knew anything about Gonzales and had never seen him before. Defense counsel noted that Doporto had another son who had been killed several years prior in a shoot-out with the California Highway Patrol.