Dean Gazzo Roistacher attorneys Lee Roistacher, Kim Sullivan and Mitch Dean recently went to trial in Los Angeles County Superior Court defending the California Highway Patrol and one of its officers, Daniel Castaneda. The plaintiffs, Maritza Padilla and Jesus Chavez are the parents of decedent Leonel Chavez (24 years old at the time of his death), who was shot by Officer Castaneda. The facts of the case were challenging: Chavez was involved in a car accident, but he fled the scene on foot. When Castaneda and his rookie partner arrived, they wanted to talk with Chavez and find out why he left and start their accident investigation. They also had information that Chavez had gestured to his waistband area, underneath his hoodie sweatshirt, as if he had a weapon. So, Castaneda also wanted to frisk Chavez. At first, Chavez was cooperative, even – without any prompting – putting his hands on the back of his head and lacing his fingers together. But as soon as Castaneda began to frisk him, Chavez spun around, and attempted to grab Castaneda’s holstered gun. Castaneda then drew his gun, and ordered Chavez to get on the ground. Instead of complying, Chavez ran toward Castaneda, as Castaneda back-pedaled. Ultimately, Castaneda fired his taser at the charging Chavez, but that was ineffective. Castaneda then fired 8 shots in less than two seconds, killing Chavez. Chavez had no weapon on his person.
Plaintiffs sued the CHP and Castaneda in state court, asserting two wrongful death causes of action, negligence and battery. They also asked for damages for pre-death pain and suffering for the decedent Chavez. Trial took eight days. Plaintiffs’ attorney asked the jury to award a total of $38 million dollars. We argued, if liability was found, for a total award of around two million dollars. The jury found, 9-3, that Castaneda was negligent. The jury awarded $1 million in past wrongful death damages and $4 million in future wrongful death damages. The jury also awarded $1 million in pre-death pain and suffering (based on the dash cam video showing Chavez moving for a few minutes after being shot). However, the jury also found that Chavez himself was 49% at fault, and so the verdict amount was essentially cut in half. The result, although not a complete defense verdict, was at the lower end of the scale for cases like this, especially from a jury in downtown Los Angeles Superior Court. As a side note, in our closing argument, we pointed out, and explained in detail to the jury, that the plaintiffs’ attorney was using a technique called “anchoring” in order to persuade the jury to render a verdict at, or approaching, the asking amount of $38 million.
After the trial, the jury was polled. They found Castenada negligent for not telling Chavez he was going to pat him down.