Case details
Police shooting of armed robber was justified: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 1, 2007, plaintiff Tabari Barnes, 26, was shot and killed by San Bernardino Police Officers Adam Affrunti, Von Verbanic and David Green. According to the officers, Barnes was one of four men who robbed the Turner’s Outdoorsman store in San Bernardino and then led officers in a high-speed chase that ended on a dead end street on Third Street in Highland. The decedent’s mother, Yvonne Barnes, and the decedent’s two minor children, Tahjae Barnes and Lalena Barnes, sued the city of San Bernardino, Affrunti, Verbanic and Green under state and federal wrongful death claims. Plaintiffs’ counsel contended that the shooting was unjustified as Tabari Barnes did not pose an immediate danger to the officers. Counsel also contended that not enough time lapsed from the end of the pursuit to when the shots were fired, so the officers did not have sufficient time to properly evaluate the scene. Defense counsel argued that Barnes posed an imminent threat of death or serious bodily injury to the officers. Counsel contended that Barnes and his cohorts had over 70 guns in their vehicle and was pursued continuously over an 8-mile distance from the gun-store robbery, at speeds of up to and over 100 mph. According to Affrunti Verbanic and Green, Barnes was trying to crawl out of a passenger’s side door with a gun, when he pointed the weapon at one of them. They claimed that as a result, they opened fire on Barnes in self-defense. Defense counsel contended that although the observation time was short, it was sufficient for the officers to recognize that Barnes posed a lethal threat. In addition, counsel contended that a full investigation was done by the San Bernardino Sheriff’s Department and was evaluated by the District Attorney’s Office, which found that the officers were in fear for their lives and acted reasonably., Tabari Barnes was shot and killed at the scene. He was 26. Barnes left behind two preteen children, Tahjae and Lalena. Barnes’ family sought recovery of wrongful death damages, including loss of parental guidance and emotional distress. Plaintiffs’ counsel did not ask the jury to award a specific amount in damages.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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