Case details

Officers did not need to shoot decedent, plaintiff’s counsel argued

SUMMARY

$2000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
fired beanbag shotgun, left chest, struc upper back, upper, wrongful death
FACTS
At around 3:30 a.m. on July 25, 2014, plaintiff’s decedent Luis Ramirez, 38, a pool cleaner, was confronted by two Los Angeles police officers at a home in Van Nuys. The officers were responding to a 9-1-1 call about vandalism. After the officers turned on their spotlight and exited their vehicle, Ramirez allegedly threw rocks at them. As a result, the officers called for backup, which included all available units in the area, a sergeant and a helicopter. When five additional officers from the Los Angeles Police Department arrived on the scene, they found Ramirez visibly intoxicated in the front yard of the residence, which was enclosed by a wrought-iron/mortar fence. Ramirez appeared to be holding two broomsticks or poles in his hand and he allegedly continued to throw rocks at the officers. As a result, the officers ordered Ramirez to drop the sticks and rocks, but Ramirez responded by swearing at the officers. After a few attempts at telling Ramirez to drop the stick, the officers decided to use a Taser to immobilize him because Ramirez continued to be non-compliant to their demands, and because they were allegedly concerned that he would go to the back of the house or attempt to enter the house. After deploying a Taser, one of the darts hit Ramirez and another did not. The officers then fired a beanbag shotgun, which hit Ramirez on his right side. The officers then proceeded to fire additional beanbag rounds at Ramirez, as he was still holding the polls. Eventually, Officer Joshua Towe used his 9mm handgun to fire two rounds at Ramirez. Another beanbag was then fired and Towe fired again. One of the bullets struck Ramirez in the upper, right back and exited through his upper, left chest. Ramirez then dropped the poles, fell down and died at the scene. The decedent’s mother, Maria Ramirez, sued the Towe; Towe’s supervisor, Chief of Police Charles Beck; and the officers’ employers, the city of Los Angeles and the Los Angeles Police Department. The decedent’s mother alleged that Towe’s use of deadly force was unreasonable and excessive. Plaintiff’s counsel contended that although the officers’ version of the story was that the decedent was trying to hit one of the officers with a broomstick, the evidence did not support their story. Counsel presented an eyewitness who testified that once the decedent was struck with a Taser, he did not lunge at the officers, swing a stick at the officers, or make any aggressive movements toward the officers. Plaintiff’s counsel argued that despite the lack of any aggressive actions, the officers proceeded to fire beanbag rounds at the decedent and, eventually, Towe fired the fatal shot. Counsel also argued that even some of the officers at the scene admitted that once the decedent was shot with beanbags, he did not try to swing the sticks at the officers or attack in anyway. Counsel further argued that the physical evidence did not support a conclusion that the decedent was attacking, as one of the beanbag rounds, as well as the fatal bullet wound, struck the decedent in the back. Thus, plaintiff’s counsel argued that the decedent could not have been attacking the officers at the time he was shot. Plaintiff’s counsel contended that the police officers had a number of non-lethal force options — including pepper spray, batons, and additional Tasers — available to them, but Towe still chose to use deadly force. Thus, counsel argued that given the number of police officers at the scene, the physical layout of the incident scene (including the decedent being inside a wrought-iron gate that bordered the front yard, while all seven officers were on the other side of the gate), the lack of any deadly weapons accessible to the decedent, as well as the height and weight of the officers involved in comparison to the decedent, the use of deadly force was unreasonable and excessive. Defense counsel contended that all of the officers agreed that the poles were weapons that could cause serious bodily injury and that it appeared that the decedent had raised the poles in an attempt to strike the officer who initially shocked him with a Taser. Some officers also that after being struck with the beanbag, Ramirez took a step forward with the poles raised. In addition, other officers testified that after being struck with the beanbag, the decedent continued forward and attempted to strike officers. However, plaintiff’s counsel argued that there was a conflict in testimony as to what occurred after the decedent was struck with the beanbag, noting that some officers testified that the decedent took a step backward and did not again try to strike an officer with the polls. Defense counsel contended that the decedent was a threat to flee and to enter the house, and that the decedent was warned multiple times to drop the rocks and poles, but that he refused. Counsel also contended and that the officers attempted to use non-lethal force to stop the decedent — first by using a Taser and then by firing beanbags — but that because of his intoxication, the decedent felt less pain than he would have felt otherwise, which is why pepper spray would not have been advisable and explains why the decedent continued forward after being hit with beanbags. Thus, defense counsel argued that based upon the decedent’s actions, demeanor, aggression and violence, as well as the decedent’s failure to comply, there was no other choice but for Towe to fire his weapon in order to stop that threat, which led to the unfortunate death of Luis Ramirez., Luis Ramirez sustained a gunshot wound to his upper, right back, which resulted in the bullet exiting through his upper, left chest. He subsequently died at the scene. He was 38 years old. Ramirez was survived by his mother, plaintiff Maria Ramirez. The decedent’s mother sought recovery of wrongful death damages and recovery for her son’s conscious pain and suffering prior to his death. She also sought recovery of punitive damages and attorney fees. Defense counsel contended that the decedent had been in the United States for several years while his mother lived in Guatemala. Thus, counsel argued that there was not much of a relationship between the decedent and his mother.
COURT
United States District Court, Central District, Los Angeles, CA

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