Case details

Plaintiff: Deputy shot him after raising hands to surrender

SUMMARY

$5000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
shots fired, struck hand
FACTS
On Aug. 19, 2011, plaintiff Lorenzo Gomez Jr., 33, was detained by San Bernardino County Sheriff’s Deputies during a traffic stop in Highland. The deputies suspected that Gomez was in a gang and/or on probation, so they questioned him. As a result, Gomez fled from the traffic stop and led the deputies on a one- to two-minute pursuit, striking several other cars in the process. Deputy Ryan Peppler ultimately fired eight to 10 shots at Gomez, who was still seated inside his vehicle. Of the shots fired, one struck Gomez’s hand. He then fled from the deputies a second time, stopped his vehicle near his apartment, and fled on foot into the apartment complex where he lived. Gomez ran inside of a neighbor’s apartment, causing deputies to surround the residence. While inside the apartment, Gomez stood in front of a window and moved the window blinds aside with his right hand. Peppler then fired a single shot through the window that entered Gomez’s jaw and severed his spinal cord, paralyzing him. Gomez was criminally prosecuted for multiple counts of assault with a deadly weapon on a peace officer and for one count of felony evading arrest. Evidence also showed that Gomez was under the influence of methamphetamine at the time of the incident. He was ultimately acquitted of all assault charges and was convicted of the evading charge. Gomez sued Sheriff’s Deputies Ryan Peppler and Jon Cahow, and the deputies’ employer, the county of San Bernardino, was later added to the case. Gomez alleged that the deputies’ actions constituted excessive force in violation of the Fourth Amendment, and battery and negligence in violation of state laws. He also alleged that the county was liable for the deputies’ actions. Four minor plaintiffs were also initially named in the suit, but they were later removed from the case, as they were listed in error. Deputy Cahow was also later dismissed from the case. Gomez contended that Peppler used excessive force in the shootings. He claimed that after initially attempted to drive away, he stopped after a minute or two, but that Peppler then fired eight to 10 shots while he was still seated in his care. He claimed that as a result, he drove away a second time. However, Gomez alleged that after he fled to the neighbor’s apartment, he eventually stood in front of a window inside of the apartment, moved the window blinds aside with his right hand in order to show himself, and raised his left arm and hand above his head in order to surrender. He claimed that he then yelled, “I give up! I give up! There’s kids in the house!” However, Gomez claimed that Peppler then fired a single shot through the window without warning. Gomez’s testimony was corroborated by witnesses inside the residence. Peppler alleged that after stopping his vehicle, after initially attempting to flee, Gomez then began reversing toward him and the other deputies. Peppler claimed that as a result, he fired upon Gomez’s vehicle. He also claimed that when Gomez was inside the apartment, he could not see Gomez’s hands and that it appeared to him that Gomez was reaching for a gun. In addition, Peppler claimed that he commanded Gomez to show his hands, but that he never heard Gomez say anything. He alleged that since Gomez appeared to not be responding to his commands and appeared to be reaching for a gun, he fired the shot through the window that entered Gomez’s jaw., Gomez sustained a gunshot wound to a hand and a gunshot wound that entered his jaw and severed his spinal cord. As a result, he is now paralyzed. Gomez claimed that as a result of his paralysis, he requires 24-hour care and supervision.
COURT
United States District Court, Central District, Los Angeles, CA

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