Case details
Officers used excessive force in shooting teen in van: parents
SUMMARY
$695000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
death, gunshot wound
FACTS
On July 22, 2010, plaintiffs’ decedent James Rivera Jr., 16, a special needs student, was driving a stolen van. He began to be pursued by police officers from the city of Stockton and San Joaquin County. Eventually, the police rammed the van, causing it come to a stop when it became wedged against a building with the chassis of the van resting on top of a blue U.S. Postal Service mailbox. The police then fired 29 rounds into the building where the van wedged. James was found inside the van with no weapon. His body, struck by nine bullets, was removed from the van. James died from his . James’ parents, Dionne Smith-Downs and James Rivera Sr., sued police officers Eric Azarvand and Gregory Dunn; Azarvand and Dunn’s employer, the city of Stockton; Deputy Sheriff John Nesbitt; and Nesbitt’s employer, San Joaquin County. The lawsuit alleged that the actions of the police officers and deputy sheriff constituted excessive force, causing James’ wrongful death. The matter proceeded to trial, but the case resulted in a hung jury. As a result, the matter was set to be retried. Plaintiffs’ counsel contended that Dunn struck James’ van twice, causing it to crash into the garage area of a triplex and that the officers shot at James about 15 seconds later. Counsel also contended that when James revved the van’s engine after the crash, its wheels just spun without ever gaining traction. Counsel argued that the stolen vehicle could not have gained traction based on the way it crashed into the building and mailbox, so the van did not move appreciably, much less move backward at a speed to ram Dunn’s vehicle. Plaintiffs’ counsel argued that there was no warning before the officers used force and that Dunn, Azarvand and Nesbitt were not in fear for their lives when they fired gunshots into the building. Dunn claimed that he was caught in a “v” between his vehicle’s door and another vehicle that was moved to the left of the stolen van after it went into the building. Defense counsel contended that the stolen van rocked back and forth when James revved the engine after the crash, causing the van to ram the back of Dunn’s vehicle and forced it backward. Dunn claimed that when James’ van moved backward, he feared for his life and fired his weapon., James sustained gunshots wounds when the police fired 29 rounds at his direction. He ultimately died from his . He was 16 years old, and he was survived by his parents. James’ parents sought recovery of wrongful-death damages.
COURT
United States District Court, Eastern District, Sacramento, CA
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