Posted on 11/17/2005 6:25:05 PM PST by BenLurkin
LOS ANGELES - The family of a former prison inmate who was shot to death during an altercation with Los Angeles County sheriff's deputies in 2002 has been awarded $4 million by a federal jury. The panel deliberated for several hours Tuesday before awarding damages to 40-year-old Robert Mitchell's nine relatives in a civil-rights lawsuit filed in 2003.
The suit initially sought $30 million.
Family attorney Dale Galipo said the case involved "the wrongful death of Robert Mitchell, who was unnecessarily and unjustifiably shot to death by a deputy sheriff working for the county of Los Angeles."
Deputies responded to a burglary call at 6:30 p.m. Nov. 20, 2002. Minutes later Mitchell lay dying in his sister's driveway from multiple gunshot wounds to his stomach and chest.
Deputy Rick Manes, at the time a 12-year veteran of the department, shot Mitchell after he twice attacked and tried to disarm deputies in front of a home in the 9200 block of East Avenue T-4 in Littlerock, according to a report from the Sheriff's Department Homicide Bureau.
Mitchell was pronounced dead later that night at Antelope Valley Hospital.
One deputy was treated for a gunshot wound to the hand.
According to the Sheriff's Department, deputies were dispatched to the house next door to the sister's on a report of a man who had entered the house and threatened to kill the residents.
On arrival, deputies reportedly spotted Mitchell walking away from the neighbor's home. When the officers tried to stop him to question him, he allegedly lunged at one of them and attempted to grab his gun.
Manes shot Mitchell, according to the homicide report, but Mitchell didn't go down. Instead, he reportedly began walking down the street.
When Manes tried to make contact with Mitchell again, Mitchell became combative. The deputy's partner, five-year veteran Clark Lien, tried to assist, and Mitchell allegedly went for the partner's holstered gun.
Fearing Mitchell was trying to disarm his partner, Manes fired several more rounds, striking Mitchell and his partner, the report said.
Mitchell's brother, Ricky, has disputed the events surrounding the killing since the night of the shooting.
He told investigators he and Robert were visiting their sister and that Robert was never at the neighbor's home.
Ricky also told investigators his brother never lunged at the deputies.
However, the Mitchell family acknowledged after the shooting that Robert had a history of trouble with the law. He had been released from prison a year before his death on charges of assault on a peace officer.
The complaint against the county cited violation of civil rights, conspiracy including racial profiling, breach of duty under special relationship, failure to summon medical assistance, deliberate indifference to a serious medical condition, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence, false arrest, false imprisonment, battery, failure to comply with mandatory duty, municipal liability for unconstitutional customs, conspiracy to deprive decedent of life and liberty by use of excessive force.
The monetary claim related to general damages, loss of support, funeral and burial expenses, punitive damages and attorney's fees.
The lawsuit was filed on behalf of Mitchell's parents and six children, including two of the dead father's 10 children, and named Los Angeles County, the Los Angeles County Sheriff's Department, Sheriff Leroy Baca and deputies Manes and Lien.
The department will appeal the verdict, said a spokesperson for Baca, who is out of the country.
Despite the jury's finding that Manes was negligent and violated the civil rights of Mitchell by using excessive and unreasonable deadly force, county officials are confident they'll prevail in the appellate system.
This is a prank, right? Surely it must be! Tell me an LA jury isn't that STUPID?
OMG.
I'm getting too old for this crap.
Its L.A. and yes the juries there are that stupid.AWB
Today's winner in the Crime Sweepstakes is ...
I can imagine the type of people on the jury.
They had their chance to start winding the Giveaway State down a bit with those referendums. All of them lost. No wonder people are fleeing. My next door neighbor (my best neighbor) is a retired sheriff from the Golden Giveaway State.
In every officer-involved shooting, the victim was lunging for the cop's gun. Usually, there are no witnesses except other cops. It's amazing that cops never make mistakes, unless there happens to be a video camera around.
It just keep getting better.
I think California LEOs should be disarmed, prevented by procedure from touching a suspect and only allowed to respond to public inquiries by phone.
California tax payers would save millions and the families of Darwin Award winners would be forced move to Arizona to have a go a much plumper cash cow.
Get badged up yourself. Obviously you'd do a much better job.
The court was at first forced to look toward this resource since average Angelenos were unwilling to risk their lives traveling downtown for jury duty.
The courts have since almost exclusively relied on this pool of jurors since they most closely match the court's judicial philosophy.
Ah no thanks, we don't need anymore Kalifornia headcases over here. Besides I've come to learn over the last 12 years that the type you are talking about sending over just turn around and go back in a year or two after they find out we aren't going to turn into Kalifornia east.AWB
Did you note his prior conviction?
Funny how the cops also managed to assault the same guy twice. Must just be bad luck.
Whoa, Robert Mitchell appears to be worth far more dead than alive to his family.
So can I: his peers.
In the most literal sense possible, his peers.
Some of the same ones who cheered the OJ verdict.
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