Case details

Teen confronted and shot by police without warning: parents

SUMMARY

$200000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
death, gunshot wound
FACTS
On Feb. 1, 2016, plaintiffs’ decedent Jose Mendez, 16, was driving in the Boyle Heights neighborhood of Los Angeles when he was pulled over by police officers Josue Merida and Jeremy Wagner. The officers pulled the vehicle over after receiving a report that the vehicle was stolen. The officers ultimately shot Jose, who died at the scene. Jose’s parents, Josefina Mendez and Juan Mendez, sued Merida, Wagner, and the officers’ employers, the city of Los Angeles and the Los Angeles Police Department. The Mendez family alleged that the officers’ actions constituted assault, battery, and excessive force in violation of Jose’s civil rights. Plaintiffs’ counsel asserted that Merida and Wagner did not follow LAPD protocol, which required the officers to seek backup and order the suspect to leave the vehicle with his hands up. Counsel contended that, instead, the officers ran toward Jose’s vehicle and shot him several times without issuing any commands. Defense counsel asserted that Jose pointed a sawed-off shotgun at the officers and that Merida and Wagner feared for their lives. Counsel also noted that the Los Angeles County District Attorney’s Office concluded that Merida and Wagner used lawful force while acting in self-defense., An autopsy showed that Jose sustained multiple gunshot wounds. He was pronounced dead at the scene. Jose was 16 years old. He was survived by his mother, Josefina Mendez, and his father, Juan Mendez. Jose’s parents sought recovery of wrongful death damages for the loss of their son.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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