On Feb. 15, 2016, plaintiffs’ decedent Brandon Witt, a 39-year-old unemployed man, was in his vehicle in the parking lot of an Extended Stay America motel, in Yorba Linda, when Orange County Sheriff’s Deputy Nicholas Petropulos initiated a consensual encounter. Throughout the encounter, Witt continued to reach around inside the vehicle. He also refused orders to keep his hands visible, put the vehicle in park or get out of the vehicle. Petropulos eventually lunged toward the car to grab Witt’s wrists. Witt stepped on the gas pedal while Petropulos’ head and shoulders where inside the driver’s side window. As Witt accelerated, Petropulos fired his gun, striking Witt in the chest. The vehicle crashed into a nearby drainage ditch, and Witt was seen slumped over the passenger seat. Once other units arrived, Witt was pulled from the car and found to be unresponsive. He was rushed to a hospital, but he was pronounced dead. A toxicological analysis revealed that Witt had methamphetamine and amphetamine in his system at the time of the incident. The decedent’s parents, Kathy Craig and Gary Witt, identified as “Gary Craig” in the initial filing, sued Petropulos and the deputy’s employer, the county of Orange. The lawsuit alleged that Petropulos’ actions constituted excessive force in violation of Brandon Witt’s civil rights and caused Brandon Witt’s wrongful death. Plaintiffs’ counsel contended that the decedent was unarmed and that Petropulos unnecessarily escalated the seriousness of the encounter. Counsel also contended that Witt never attempted to strike Petropulos or any other person with his vehicle, nor did Witt ever attempt to cause serious bodily injury to Petropulos or anyone else. Counsel further contended that, at the time of the shooting, Petropulos was not in danger of being struck by the car, and argued that Petropulos became frustrated by Witt’s failure to comply and lost his temper. Petropulos claimed that he suspected that Witt was under the influence of a stimulant, which was later confirmed via the toxicological analysis, and that he became concerned when Witt continued to ignore orders to keep his hands in plain sight and, instead, continued to reach under his seat and around the car. He alleged that as a result, he feared for his life. Defense counsel argued that Petropulos was justified in shooting Witt because Petropulos thought Witt was reaching for a weapon in the vehicle., Witt sustained a gunshot wound to his chest and became unresponsive. He was rushed to Orange County Global Medical Center, in Santa Ana, where he was pronounced dead at 1:40 p.m. on Feb. 15, 2016. Wit was 39 years old, and he was survived by his parents. The decedent’s parents sought recovery of wrongful death damages for the loss of their son.