Case details

Shooting of driver while out of harm’s way was excessive: suit

SUMMARY

$1000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
head
FACTS
On or about June 17, 2011, at approximately 12:40 a.m., plaintiff’s decedent Arturo Fernandez, 20, was detected speeding in an allegedly stolen pickup truck in Lake Elsinore. According to the Riverside County Sheriff’s Department, Fernandez then began to evade arrest and subsequently collided head-on with the police cruiser of Riverside County Sheriff’s Deputy Christopher Wicker in a parking lot for an apartment complex. Wicker, who was outside of his vehicle at the time of the accident, ultimately shot at Fernandez and hit him in the head. Fernandez passed away two days later after being taken off life support. The decedent’s mother, Maria Munoz, individually and on behalf of her son’s estate, initially sued the Riverside County Sheriff’s Department, the county of Riverside, Lake Elsinore Police Department, Chief of Police Dave Fontneau, and Sheriff Stanley Sniff. The complaint was later amended, adding Wicker as a defendant. The decedent’s mother alleged that Wicker’s actions constituted excessive force, in violation of the Fourth Amendment, and constituted violations of the decedent’s 14th Amendment due process rights. She also alleged that Wicker’s actions constituted battery and negligence, causing the decedent’s wrongful death. She further alleged that the remaining defendants were vicariously liable for Wicker’s actions. The decedent’s siblings (Jesus Fernandez, Ruben Fernandez and Isabelle Munoz) were originally named as plaintiffs, but their cases were voluntarily dismissed prior to trial. In addition, the sheriff’s department, police department, chief of police and sheriff were also all voluntarily dismissed, and were not pursed as defendants. Thus, the matter proceeded to trial with Maria Munoz’s claims against Wicker and the county; however, during trial, Wicker was dismissed, leaving the county as the only remaining defendant, and all claims (both state and federal), except for the excessive-force claim, were dismissed. Plaintiff’s counsel contended that after the decedent pulled into the subject parking lot, Wicker blocked the pickup truck from exiting. Counsel also contended that when the decedent drove forward and made contact with the front of Wicker’s cruiser, while Wicker was already standing to the left of the vehicle, the deputy subsequently shot the decedent in the head. Thus, plaintiff’s counsel argued that the decedent was shot without warning and that Wicker was well out of harm’s way when he fired. Counsel further argued that since the decedent’s pickup truck and Wicker’s cruiser had already collided, there was no longer any immediate threat of death or serious physical harm to the deputy. In addition, plaintiff’s counsel noted that the decedent was unarmed at the time of the encounter. Wicker claimed that after exiting his patrol car, the decedent’s pickup truck drove straight toward him. He claimed that as a result, he thought he was about to be killed or seriously injured, prompting him to fire his weapon twice just before the impact occurred between the truck and his patrol car. Wicker and an eyewitness testified that the decedent was warned that Wicker would fire if the decedent’s conduct did not cease and that although decedent agreed to exit his vehicle and surrender, the decedent immediately revved the engine of his stolen truck and began to rapidly accelerate towards Wicker, which prompted the shooting. Wicker further claimed that the entire incident in the parking lot lasted approximately 20 seconds., Arturo Fernandez sustained a gunshot wound to his head and was subsequently taken by ambulance to the Emergency Room at Inland Valley Regional Medical Center, in Wildomar. He was placed on life support with the bullet still lodged in his head. Two days later, on June 19, 2011, Munoz decided to terminate her son’s life support. The decedent was 20 at the time of his death. He is survived by his mother and three minor siblings (two brothers and one sister). Thus, Munoz, acting individually and on behalf of her son’s estate, sought recovery of approximately $14,000 in economic damages for the decedent’s medical, funeral and burial costs. She also sought recovery of non-economic wrongful death damages for the loss of her son’s love, care, comfort and society. In total, plaintiff’s counsel asked the jury to award Munoz between $7 million and $10 million in damages. (Munoz also originally sought recovery of punitive damages, but the claim was dismissed during trial.)
COURT
Superior Court of Riverside County, Riverside, CA

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