Case details

Suit: Officers used excessive force against suicidal man

SUMMARY

$462413

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
wrist
FACTS
On the evening of March 23, 2010, plaintiff Gabriel Gonzales, a self-employed 31 year old, was at his home in City Terrace, along with his mother, plaintiff Yvette Gonzales, and cousin, when his cousin called 911 to report that Mr. Gonzales had cut himself on the wrist and may need medical attention. Paramedics arrived at the scene at approximately 11:45 p.m. and due to the nature of the call, which was reported as an attempted suicide, the paramedics followed protocol and called the Los Angeles County Sheriff’s Department. At approximately 12:10 a.m. on March 24, 2010, Deputy County Sheriffs Leonardo Garcia and Troy Krautkramer responded to the scene and spoke with the cousin outside, asking for the location of Mr. Gonzales. The officers then entered the home and confronted Mr. Gonzales, who was ultimately shot twice in the mid-section by Krautkramer. Mr. Gonzales and his mother, Ms. Gonzales, sued Garcia; Krautkramer; and the officers’ employer, the county of Los Angeles. Mr. Gonzales and his mother alleged that the officers’ actions constituted battery, negligence, and negligent infliction of emotional distress. They also alleged that the city was vicariously liable for the officers’ actions. Prior to trial, Garcia and Krautkramer were dismissed from the case by way of a demurrer due to the statute of limitations, and the vicarious-liability claim against the county was limited to the acts of Krautkramer. Plaintiffs’ counsel contended that after speaking with the cousin, Garcia and Krautkramer burst through the front door pointing their guns and high-intensity flashlights. Counsel also contended that the officers were aggressive, shouting, and cursing at Mr. Gonzales, while they confronted him in a small hallway. Counsel asserted that it was at that point when Mr. Gonzales put his hands up and was subsequently shot by Krautkramer with two bullets striking him in the mid-section. The plaintiffs’ police practices expert opined that the officers’ tactics, especially Krautkramer, were excessive and unlawful. Specifically, the expert testified that the police were aware of Mr. Gonzales’ fragile mental state, but that Mr. Gonzales was non-violent and the officers shouldn’t have escalated the situation with loud threats of force. The expert further testified that if the officers did find it necessary to subdue Mr. Gonzales, they should have used less-lethal weapons, which the officers had immediately available to them during the incident. The county disputed the plaintiffs’ account of the events that transpired on the date in question. Garcia and Krautkramer claimed that Mr. Gonzales refused to follow their commands and then aggressively lunged toward them while moving his hand to his waistband, as if he was about to retrieve a weapon. Plaintiffs’ counsel responded that, prior to the deputies’ arrival, the cousin had informed the Sheriff’s Department by phone that there were no weapons in the house. However, the defense counsel disputed this claim. Defense counsel argued that Mr. Gonzales was attempting “suicide by cop,” in which Mr. Gonzales was trying to get the officers to shoot him. The defense’s expert psychologist testified that Mr. Gonzales had a history of suicidal ideation and self-abuse and that a search of Mr. Gonzales’ room after the incident revealed a sticker that said, “God Hates Cops.” In closing, defense counsel argued that Krautkramer’s use of force was reasonable and justified based on the circumstances he faced at the time he was confronted by Gonzales., Mr. Gonzales was shot twice in the mid-section and subsequently taken by the paramedics, who were already on the scene, to an emergency room. As a result of the gunshot wounds, Mr. Gonzales required emergency surgery to remove the left kidney and part of the colon, resulting in a partial resection of his colon. He remained hospitalized for a week and then recovered at home. Mr. Gonzales claimed he has scarring and some residual pain from his gunshot . However, he claimed that he wasn’t able to rehabilitate properly, as he did not have the financial means to do so. Ms. Gonzales claimed that she was awoken from sleep by the officers and was mere footsteps away from her son when he was shot by Krautkramer. Thus, both Mr. Gonzales and his mother claimed severe emotional distress as a result of the incident. Mr. Gonzales’ claimed he had roughly $140,000 in past medical costs, which were covered by the county. Both Mr. Gonzales and his mother sought recovery of general damages for their respective pain and suffering and emotional distress. Defense counsel disputed the extent of the plaintiffs’ alleged damages and emotional distress.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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