A federal jury determined last week the City of Fresno is liable in the death of a man shot and killed by police in October 2009. The eight person jury stated Fresno police officer Mike Palomino used excessive and unreasonable force when he shot 32-year-old Steven Vargas, but cleared Fresno Police Chief Jeff Dyer of any wrongdoing. Vargas was shot by Palomino eight times while he was seated inside of a sport utility vehicle he had just crashed into a parked van. At the time of the shooting, Vargas was purportedly high on drugs and but completely unarmed. Palomino claims he shot Vargas because he believed he was reaching for a weapon.
According to officer Palomino, after Vargas crashed his vehicle he continued hit the gas pedal and ram it into the parked van. A witness at the scene of the accident allegedly flagged the officer down and told him Vargas was armed with a gun. Palomino claimed he shot Vargas when he reached down towards the floor to retrieve what he believed to be a firearm. Vargas' family disputed this account of events based on the locations in which Palomino's bullets struck his body.
During trial, Vargas' family argued his death was part of a larger pattern of police shootings and stated the city ought to require additional training and discipline police officers involved in the shooting of an unarmed suspect. Although police Chief Dyer agreed there was a need for added police officer training to maintain the safety of both officers and the general public, he disagreed that a pattern of unjustified shootings by Fresno police existed. According to an attorney for Vargas' family, the jury unanimously determined police training issues existed within the city's police department.
After two days of deliberations, the federal jury was not able to reach a conclusion regarding a wrongful death claim filed by Vargas' family against the City of Fresno, the police chief, and the officer. Presiding Judge Anthony Ishii instructed jurors in the U.S. District Court trial to return on January 18th to determine a damages award. There is a possibility the city will negotiate a settlement with Vargas' family in the meantime.
If you feel you have been the victim of excessive or unreasonable force by police, our experienced Los Angeles police brutality lawyer can help. Okorie Okorocha will guide you through the complaint process and help you file your case. If you have questions related to police brutality or other misconduct you have faced, call Okorie Okorocha today at (310) 871-3217 to schedule a confidential consultation. You may also contact him through his website.
More Blog Posts:
Artists Outraged by Occupy Abuse Publish Police Brutality Coloring Book, Los Angeles Police Brutality Lawyer Blog, December 20, 2011
Excessive Force Investigations at L.A. County Jail Often Never Shared with District Attorney's Office, Los Angeles Police Brutality Lawyer Blog, December 13, 2011
Additional Resources:
Jury finds Fresno officer used excessive and unreasonable force in fatal 2009 shooting, by John Ellis, Fresno Bee
Closing arguments in Vargas wrongful-death case, by John Ellis, Fresno Bee
