CHP Sued For Wrongful Death After Hostage is Shot in Standoff

A Sacramento judge has refused to dismiss a lawsuit filed by the estate of a man who was shot by police during a standoff. The lawsuit alleges “reckless planning” by California Highway Patrol. According to the suit, CHP investigators were serving a search warrant at a busy Roseville park. One hostage was killed and two other people were injured during the afternoon shootout. The ruling means that the lawsuit filed by the estate of the victim can proceed in court.

The suit was filed on behalf of the victim’s wife and his estate. The Roseville couple was taking a walk through Mahany Park when an armed suspect attempting to evade police took them hostage. The armed suspect is accused of shooting the decedent and his wife on April 6, 2023. The 72-year-old decedent died of injuries sustained during the shootout. His wife and an officer were also wounded by gunfire. The suspect will stand trial for murder and attempted murder.

Elements of negligence 

According to the lawsuit, the CHP operation to serve the search warrant was planned in Sacramento County. The lawsuit alleges the decision CHP investigators made to approach the suspect at the park was a bad one. Children and families were present in the park when the search warrant was issued. The decision to confront the suspect there allegedly “caused a reckless exchange of gunfire” between the suspect and police officials trying to serve the warrant. The plaintiffs believe that the CHP investigators failed to notify local law enforcement concerning their intention to approach the suspect, who was known as a dangerous felon. The lawsuit makes other claims against CHP. These include:

• Failure to properly plan the confrontation
• Inadequate command and control of the encounter
• Insufficient air support
• Lack of a perimeter
• Insufficient uniformed presence
• Inadequate contingencies
• Insufficient strategic weapons and tactics

According to the lawsuit, investigators believed that the suspect was traveling south on Highway 99 where he pulled out a gun and fired at another vehicle on the busy freeway. The plaintiffs also allege that investigation of the freeway shooting led CHP to the knowledge that the suspect had a previous firearm conviction, was prohibited from possessing a gun, was “unstable”, armed, dangerous, and would certainly put the public at risk of death or injury if confronted by law enforcement. The CHP, which is being represented by the Attorney General’s Office, filed a motion to dismiss the wrongful death lawsuit on the basis that there was no legal grounds for the plaintiff’s claims. CHP believes it has immunity from claims for injuries caused by someone resisting law enforcement officials. The judge ruled it was too early to dismiss the case since the plaintiffs “have been completely stalled” when seeking documents or other information related to the shootout.

Talk to an Oakland, CA Personal Injury Lawyer Today 

The Oakland personal injury lawyers at Venardi Zurada represent the interests of those injured due to negligence. We serve the Bay Area from our office locations in Oakland and Walnut Creek.  Call our office today to schedule an appointment, and we can begin preparing your case right away.

Source:

sacbee.com/news/local/crime/article294478989.html