Case details
Officers used excessive force in shooting teen, family alleged
SUMMARY
$2650000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound
FACTS
On July 4, 2016, plaintiffs’ decedent Anthony Nunez, 18, was found at home, in San Jose, bleeding from a self-inflicted gunshot wound to the head. He survived the injury, so a family member called the police to report that Anthony was suicidal and had shot himself in the head with a handgun. Police officers Michael Santos and Anthony Vizzusi, as well as other officers, responded to the home and found Anthony standing in the doorway with a handgun. The officers asked Anthony to put the gun down and come out to get medical attention, but he refused. Ultimately, Anthony was shot twice by the officers, and he died at the scene. Anthony’s father, Tony Nunez, acting individually and as his son’s successor-in-interest, and Anthony’s aunt, Sandy Sanchez, acting as the representative of Anthony’s estate, sued Santos, Vizzusi and the officers’ employer, the city of San Jose. Plaintiffs’ counsel argued that Santos and Vizzusi used excessive force in the shooting of Anthony. Counsel also argued that the officers failed to maximize time, employ effective communication and use other less lethal measures before using their guns. Plaintiffs’ counsel contended that Santos and Vizzusi did not see Anthony engage in any threatening behavior toward any of the assembled officers or the public, and, instead, saw that Anthony was only a danger to himself. In addition, counsel argued that the physical evidence, video of the incident and independent witness statements contradicted the officers’ version of the events and proved the officers’ description of the incident was false. Defense counsel contended that the officers asked Anthony to put down the gun, but that he refused to do so. Counsel also contended that Anthony twirled his gun and then pointed it at the officers before Santos and Vizzusi each fired a shot at Anthony. The officers further claimed that they fired their weapons because they feared for their own safety, as well as the safety of the officers that were on scene and any other persons that may have been in that area. In addition, defense counsel contended that, in August 2017, prosecutors determined that Santos and Vizzusi were justified in the shooting of Anthony., Anthony sustained two gunshot wounds and died at the scene. The Santa Clara County medical examiner determined that Anthony died of two gunshot wounds; one to the torso and one to the chest. Anthony was 18 years old at the time. Anthony’s father, Tony Nunez, sought recovery of damages for the loss of his relationship with his son. Anthony’s estate sought recovery of damages for the loss of Anthony’s life and for Anthony’s conscious pain and suffering.
COURT
United States District Court, Northern District, San Jose, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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