Man wins case over L.A. County deputies' barrage of gunfire

Man wins case over L.A. County deputies' barrage of gunfire

www.latimes.com

As a young man in South Los Angeles, Winston Hayes got to know the Compton courthouse well, getting hauled before judges more than a dozen times to answer charges of arson, assault and other crimes.

On Friday, Hayes, 46, was back in court, but this time he walked out $1,326,468.60 richer after a civil court jury decided that Los Angeles County sheriff's deputies used excessive force on him three years ago.

"Justice was done," Hayes said after the verdict, his left eye drooping from injuries he received as a result of his encounter with deputies.

During a four-week trial, Hayes showed jurors nine bullet wounds he suffered when deputies fired 120 shots at him at the end of a low-speed pursuit on May 9, 2005.

A total of 66 bullets struck Hayes' sport utility vehicle. Eleven bullets struck the deputies' own patrol cars, and another 11 pelted nearby residences.

In the end, only Hayes and a deputy were hit. The deputy was wearing a bulletproof vest and was not seriously injured.

"We do hope this verdict acts as a catalyst for building relationships between the Sheriff's Department and the community it serves," said Hayes' attorney, Brian Dunn, whose client had turned down the county's offer of $500,000 to settle the case. County lawyers declined to comment

On the night of the shooting, deputies had been investigating a report of shots fired in a Compton neighborhood when they saw Hayes' vehicle and approached to question him. Hayes, who was high on drugs at the time, said he panicked when he saw deputies and fled.

At the heart of the trial was a videotape shot by an amateur photographer showing the end of the 12-minute, low-speed chase. It showed Hayes in his SUV, his path blocked by squad cars, and a dozen deputies closing in on foot with guns drawn. Deputies testified that they fired at Hayes because they believed he had tried to run them down. Each said he fired to save his own life or that of a fellow deputy.

But to many residents and police observers, the shooting appeared excessive and dangerous, imperiling the safety of deputies and residents.

Sheriff Lee Baca quickly disciplined all the deputies involved with suspensions of up to 15 days. He also made changes to the department's shooting policy.

The incident prompted a report by Michael Gennaco, head of the sheriff's Office of Independent Review, who concluded that deputies violated tactical and pursuit policies. He described the scene as "mass confusion."

After 10 days of deliberations, jurors agreed that only two of the 10 deputies involved -- Michael Haggerty and Vergilian Bolder -- had used excessive force.

It was Hayes himself, his past and his motives that dominated deliberations, jurors said.

When he testified on his own behalf, he sounded defensive as he attempted to explain his past convictions for assault, arson, theft and resisting arrest -- and his use of coc aine and marijuana the night he was shot.

"There was a lot of disagreement," said jury forewoman Julia Christmas of Paramount.

She said she was persuaded from the beginning that deputies used excessive force, but it took 10 days to persuade nine of the 12 jurors -- the minimum needed to reach a verdict.

Christmas said the video was the key evidence.

"The shooting was excessive. At the time, they didn't have a clear shot," she said. "They weren't at a place where they needed to shoot."

Ultimately, the victim was less important than the deputies, she said.

"That's what I had to keep reminding jurors," Christmas said. "This wasn't about" Hayes. "It was about the Los Angeles County Sheriff's Department taking responsibility for their actions."

Deputies "should have waited a little bit more," said juror Curtis Martin of Lakewood.

"I would not want this to happen in my neighborhood," he said. "It could have ended in a different way. The police could have had more patience."

(visit the link for the full news article)

just another case of l.a.s.d. not having the public's safety in mind first and foremost. this is another in a rising amount of police misconduct caught on tape by john or jane Q. public. every police encounter should be video taped by someone outside of their (the police's) realm without fear of retrobution by the officer's involved or their constituant's..

www.latimes.com
(visit the link for the full news article)

Good. I don't have much else to add, except that.

I always watch these shows with police abusing the suspect and wish it was me. I don't want the money as much as I want to be a part of the people who put an end to it. Everytime this kind of stuff happens, there needs to be a lawsuit.

That includes: police persuing at high speeds over anything lower than a felony, extreme tasering, use of battons for no reason, tackling suspects who are already bent over with hands behind their back, etc.

The list goes on.

Its pretty bad when there supposed to be trained experts in the use of firearms and they can only hit an suv half the time.120 shots fired 66 hit the suv. I guess its time for them to quit using the side of the red barn for target practice and maybe use something smaller like a house.

fixed spelling batteries low in the keyboard

[edit on 8-3-2008 by JBA2848]

That guy was lucky the cop didn't die. They probably would have charged him with murder.

reply to post by ColdWater

At the heart of the trial was a videotape shot by an amateur photographer showing the end of the 12-minute, low-speed chase. It showed Hayes in his SUV, his path blocked by squad cars, and a dozen deputies closing in on foot with guns drawn. Deputies testified that they fired at Hayes because they believed he had tried to run them down. Each said he fired to save his own life or that of a fellow deputy.

He must be a stunt driver to almost hit 12 cops at the same time and managed to hit there car.Unless they use a special tactic of lining up single file for oncoming vehicles.

First, I hope the cops get the idea in their heads that:

1. they are filming these event(s) in their own dash cams. (duh)
2. someone is, no doubt, filming them at the scene. (prob. 2 or 3 people)

Then they should remember their training, to defuse, de-escalate and calm, being civil servants.

It's ridiculous how many times, even recently, their own dash cams show they are over the line. Where are they getting these cops? Are they being dropped on their heads in Academny?

However, I realize the job is tough, they're in the criminal element every day so it's not fair to judge outright.

But they need to stop things like breaking into (wrong) homes on a tip and make sure of what they are doing. They need to stop these kinds of incidents and save it for when the 10 guys in kevlar rob a bank.

We are not the criminals. We are the civilians. You don't need battering rams and tanks and gas grenades. Just tell us what you want and we and our lawyer will try to comply within the law.

Yes, even people who are running illegal stills or growing stuff in their back yards should be treated as law breakers, not evil.

They are not the 'enemy', they are just misguided. There are some predators out there, but the cops seem to be unable to distinguish in some cases. (my opinion).

Anyone think this guy is gonna just walk into the City hall and pick up his 1.3 mil check? Wanna bet he gets busted again on some trumped up charge, or even planted evidence so they're sure he goes to jail and can't spend this money?

He'd better wise up and move to Australia or some undiclosed place.

/rant off...

[edit on 8-3-2008 by Badge01]