Case details

Parents: Officer shot unarmed man suffering mental crisis

SUMMARY

$5300000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
On March 9, 2017, plaintiffs’ decedent Jesus Geney Montes, 24, was visited by officers of the Santa Clara Police Department. Montes’ mother, Amanda Sommers, had summoned the police officers. She claimed that her son was suffering a mental health crisis and had barricaded himself in a room in their Santa Clara residence. The police officers spoke to Montes and left. Three more such episodes occurred that day. When the police officers responded to the fourth call, they were told that Montes had stabbed himself and was bleeding. The police officers left the residence without having summoned medical attention. Moments later, Montes fled the residence, carrying a knife. Police officers located him wearing nothing more than swim trunks. His chest was bleeding. Montes repeatedly reached into his trunks’ front pocket, ignoring orders to show his hands. He eventually fled, and the police officers pursued him. He was struck by Taser probes but continued fleeing. Upon reaching a dead end, Montes was shot four times by police officer Colin Stewart. Montes died at the scene. Sommers and her husband, Richard Sommers, Montes’ stepfather, sued Stewart and Stewart’s employer, the city of Santa Clara. The lawsuit alleged that Stewart’s actions were excessively forceful, a negligent infliction of emotional distress and a violation of Montes’ civil rights. A police officer’s body-camera footage depicted Montes claiming that he had a gun, but plaintiffs’ counsel noted that Montes was unarmed when the shooting occurred, his knife having been discarded sometime prior to the shooting. Plaintiffs’ counsel claimed that the Taser probes were utilized after Montes had discarded the knife and entered a fenced enclosure in which he was separated from the pursuing police officers. Plaintiffs’ counsel also presented evidence that none of the bullets entered Montes in a front-to-back trajectory, as would be expected if Montes had been charging Stewart, and that at least one bullet entered Montes through his back. Plaintiffs’ counsel argued that the evidence suggested that Montes was not facing Stewart at the time of the shooting. Stewart claimed that Montes was bleeding from the chest and kept reaching into his pocket, despite orders to show his hands. He also claimed that Montes claimed that he had a gun and threatened to shoot anyone who came near him. Stewart claimed that when the Tasers seemingly proved ineffective, he drew his gun. He further claimed that, when they reached the dead end, Montes turned to face him and advanced suddenly and aggressively. Stewart claimed that he fired in self-defense, believing that Montes had a gun., Montes suffered four gunshot wounds. He died at the scene of the shooting. Montes, 24, died March 9, 2017. His parents sought recovery of wrongful-death damages.
COURT
United States District Court, Northern District, San Jose, CA

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