Modesto ends one lawsuit against police, nears end in another

A jury has awarded a man $101,000 after he was shot by a Modesto police officer in 2010, and the city tentatively has agreed to pay $165,000 to settle another lawsuit that accused its officers of assault, battery and false arrest when they responded to a complaint of a loud party in 2009.

Both lawsuits were filed in federal court in Fresno. The jury verdict and the tentative agreement were reached last week. City Attorney Adam Lindgren said Modesto’s cost for hiring outside attorneys to represent it was roughly $415,000, with about $350,000 of that for the officer-involved shooting.

Officers Ronny Ziya and Caeli Koehler responded Dec. 30, 2010, to a Hagstrom Court home to check on Brian Reed after his then-girlfriend called police and said he was threatening to kill himself. Reed was armed with a 7-inch Dale Earnhardt Jr. memorabilia pocket knife pointed at his chest, according to Bee archives. The blade appeared to be 3 to 4 inches, according to photos on websites selling the knife.

The girlfriend left the home to call police and was told not to return. But she did, and the officers saw her car in the driveway. Officers heard screaming from the house and once inside saw Reed and the girlfriend struggling, according to court records filed by lawyers representing the city. The girlfriend broke free, according to the records, and Ziya saw that Reed was armed with the pocketknife.

“After the officers made multiple commands,” the records state, “Mr. Reed made an aggressive move towards the officers, which led to Officer Ziya’s decision to fire.” Ziya shot Reed, who was 6 to 12 feet from the officer, twice, according to the records. Lindgren said the officers acted appropriately, given the threat Reed posed to them and his girlfriend.

Oakland attorney John Burris – one of Reed’s attorneys – said the officers violated their own training in how to deal with someone who is emotionally distraught and suicidal.

The girlfriend said in a previous story that officers did not try to reason with Reed but instead told him repeatedly to “Drop the f------ knife.” She said Reed responded by saying, “I don’t care if I live, just shoot me.”

The shooting left Reed disabled. He does not have the use of one of his arms and suffered cognitive deficits because of the lack of oxygen to his brain after being shot, according to another one of Reed’s attorneys, Steven Yourke of San Francisco.

Jurors found Ziya violated Reed’s civil rights and was 5 percent negligent for the harm Reed suffered, while Reed was 95 percent negligent, according to court records. Jurors awarded Reed $1 in noneconomic damages, $100,000 for his prior medical expenses, nothing for future medical expenses, and nothing for prior and future lost earnings.

Lindgren said even though a jury found Modesto only 5 percent responsible for Reed’s injuries, it could have to pay his legal costs. Burris expects to ask the judge to have Modesto pay the attorneys for Reed and he is considering whether to file an appeal. “This case is far from over,” he said.

Lindgren said the $165,000 settlement in the assault, battery and false-arrest lawsuit is contingent upon City Council approval. He said the settlement is within the financial range authorized by the council, and he expects the council to consider the settlement next week.

The lawsuit arose out of a February 2009 birthday party at a Connie Way home. Officers arrived after a neighbor complained about loud music. Miguel Rodriguez and Charisse Fernandez sued Modesto after officers arrested them on suspicion of obstructing, delaying or resisting police. They also are represented by Burris and Yourke.

The party was held for Adrian Alizaga and he answered the door when officers arrived. The lawsuit states that Alizaga was Rodriguez’s cousin and Fernandez’s boyfriend. Yourke said Alizaga let his dog into the yard and told him to “sic ’em” but says that was a joke because he thought a friend – not the police – was at the door.

When Alizaga did not return to the party, several people – including Rodriguez and Fernandez – went outside. Yourke said Rodriguez did not comply with officers’ commands to go back into the house because he wanted to find out what was happening to his cousin, who was being arrested.

The lawsuit claims Rodriguez essentially was attacked by officers, including being hit with a stun gun, bitten by a police dog and clubbed. The lawsuit claims Fernandez was thrown to the ground by police, threatened by a police dog and struck several times on the back of the legs. “Their civil rights were obviously violated,” Yourke said. “The situation was they attacked Mr. Rodriguez ... because he did not obey their order to back up.”

Lawyers for the city claim officers faced a volatile situation and several men came outside and challenged officers to fight. They said the men eventually went back inside the home, but Rodriguez and Fernandez remained outside. The lawyers claim Rodriguez continued to resist as officers tried to arrest him, such as refusing to let officers control his hands. The lawyers state that Fernandez tried to place herself between Rodriguez and an officer.

Lindgren said officers used appropriate force and moved to the next level only to gain compliance. He said Modesto admits no wrongdoing in its attempt to settle the lawsuit. He said while he believes the odds of Modesto not prevailing at trial were very low, the cost to the city could be significant even if a jury found the city only partially responsible.

This story was originally published May 20, 2015 at 10:07 AM with the headline "Modesto ends one lawsuit against police, nears end in another."