Case details

Shooting justified due to threat made against officers: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
back, death, gunshot wound, loss of parental guidance, loss of society
FACTS
At around 11 p.m. on March 3, 2011, plaintiffs’ decedent Roger Williams, 43, drove up to a Los Angeles Police Department pedestrian stop on Florence Avenue, at the intersection with Raymond Avenue, in Los Angeles, and got out of his vehicle. Williams brandished a gun in front of the officers, tossed it onto his car, and allegedly claimed he had another one. As he reached down, Williams was shot by Officer Steve Sainz. All of the rounds entered Williams’ back and Williams subsequently died at the scene. A second handgun was not recovered. The decedent’s wife, Dorothy Sams; the decedent’s adult daughter, Kristal Williams; and the decedent’s three minor children sued Sainz and his employers, the city of Los Angeles and the Los Angeles Police Department. The decedent’s family alleged that Sainz’s actions constituted excessive force, in violation of the decedent’s civil rights, and that Sainz’s actions caused the decedent’s wrongful death. They also alleged that the city and the LAPD were liable for Sainz’s actions. Plaintiff’s counsel contended that Sainz’s fatal shooting of the decedent constituted excessive force since no second handgun was ever recovered. Defense counsel contended that the decedent had a blood-alcohol-content level of 0.20 and that the decedent also had ecstasy in his system. Thus, counsel argued that the decedent was not acting rationally when he approached the uniformed officers in a marked police car. Defense counsel contended that the decedent showed he had at least one weapon, which he threw on the roof of this car, and then claimed he had another gun. Counsel also contended that the decedent told the officers he was going to kill them and said, “Either you or me,” as he reached for his waistband. Thus, defense counsel argued that the officers thought the decedent was reaching for the other gun that he had threatened them with and that Sainz’s shooting of the decedent was justifiable., The trial was bifurcated. Damages were not before the court. Williams was shot in the back and he subsequently died at the scene. He was survived by his wife, his adult daughter, and three minor children. The decedent’s family sought recovery of wrongful death damages. Defense counsel disputed the alleged closeness the children had with the decedent, noting that the children did not even live with the decedent.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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