Lawsuit settled over SB police shooting

Lawsuit settled over SB police shooting
Mike Cruz, Staff Writer
Posted: 01/25/2012 07:57:46 PM PST


San Bernardino officials have agreed to settle a civil lawsuit filed by the family of 19-year-old Jerriel Da'Shawn Allen, who was shot in 2007 by police officers following a vehicle chase that crashed through three backyard fences.
The city agreed to settle the wrongful death lawsuit, filed on behalf of Allen's two children and his parents, for $575,000, lawyer Joseph Arias confirmed Wednesday in a telephone conversation. San Bernardino City Council approved the settlement at its meeting on Monday, he said.

The plaintiff's lawyer, Dale Galipo, said the case was scheduled to go to trial on Jan. 23 when the court recommended both parties attend a settlement conference.

"The judge felt that this case should settle," said Galipo. Pretrial rulings had favored the plaintiffs, his clients, he said.

Arias said he advised the city to settle the lawsuit after hearing "unsettling" statements from Judge Justin L. Quackenbush, a specially assigned judge from Seattle.

"He had made some statements from the bench that were very unsettling to me and that indicated to me he was very, very biased," said Arias. A witness also changed her story in a deposition, he said.

Allen was a passenger in a Chevrolet Tahoe that reportedly ran a stop sign on April 14, 2007, and led police on a chase, which ended when the SUV crashed through three backyard fences on North Colorado Street.

The Tahoe's spinning back tires churned up dust, making it

difficult for officers to see the three men in the SUV.
Officer Adam Affrunti fired 13 times after hearing someone yell "shoot `em, shoot `em" and seeing Allen look right at him with his hands hidden, authorities said. Officer Chris Gray fired seven times.

The Tahoe's driver was Shawn Watson, Allen's cousin and a murder suspect who police fatally shot June 10, 2007, according to authorities. The third passenger was never identified.

Allen was later determined to be unarmed and reaching for his marijuana.

Arias described the settlement as "favorable," stating that a jury might have awarded a similar amount. If the plaintiff prevailed at trial, Galipo would have been entitled to attorneys' fees from the city.

Under the settlement, the case will be dismissed against the two police officers. There is also no admission of guilt, Arias said.

Galipo said factors that were likely considered were that Allen was unarmed, that he suffered multiple shots to his back and the back of his head and the officers' prior shootings.

"The judge was going to allow that into evidence," Galipo said, of the officers' prior shootings.

Arias said that on one occasion, the judge asked Arias to tell him why he should not direct a verdict. Though a judge has the power to take a case away from a jury and decide for themselves if they feel the evidence is significant, the city's lawyer believed he had no business saying it.

In the issue with the witness, Arias said a woman who was contacted by police during the orginal investigation told them she was inside her house, didn't see anything but heard gunshots, Arias said.

Later in a deposition, the witness said she saw the whole incident, that Allen had hands in the air and the police shot him. Arias said he probably could have discredited the woman at trial, but the change created substantial risk to the city.

They deserve way more then that, besides the justice of having both cops put to trial and jailed for the shit they should also get atleast a couple mill and thats still bein very generous. U cant put a price on a life and to my understanding that nigga affrunti has been killin in SB for years now. So I figure the city should be pitching these people big bucs to make up for lost time. My rele Dwight from the Gardens say they really did have they hands out the window they prolly aint say shoot shit being they aint have a gun so u kno the sons of bitches is lying. Thats a fucced a situation when a cop can go around killing people and get away wit the shit like that. Had it been the other way around they would be strappin the nigga to an electric chair right now as I write this. Im a go throw sum cop killa on right now matta fact shit got me hot lol