Mario Gonzalez. Beto Martinez. Thomas Barbosa. These victims and their families relied on the expert civil rights attorneys at Haddad & Sherwin LLP to represent them in tragic cases of wrongful death caused by police excessive force in the state of California. Unfortunately, cases like theirs have become prevalent nationwide and egregious violations of people’s constitutional rights by police have led to serious injuries and death.
What is excessive force?
Excessive force occurs when law enforcement officers use unreasonable or unnecessary force against a person, or use force for an improper purpose beyond their lawful authority. It is a serious type of police misconduct because it violates people’s constitutional rights and can result in serious injuries or death.
The following incidents clearly illustrate how the use of excessive force by law enforcement can lead to serious injuries and death. These Haddad & Sherwin client cases are textbook examples of how unjustified police shootings, extreme physical force, and improper restraint violated individuals’ civil rights.
Unjustified Police Shooting
Shasta County Sheriff’s Sergeant Jose Gonzalez shot and killed Thomas Barbosa, a 41-year-old combat veteran with PTSD experiencing a mental health crisis. On February 4, 2020, Mr. Barbosa’s wife called 9-1-1 for medical help for her husband, who was hallucinating. The Sheriff’s Department knew that Barbosa was a veteran with mental health problems. Shasta County deputies had her leave the home with her children and meet them in a parking lot. Thomas followed in his truck out of concern. He did not threaten his family or anyone else, and he had not committed any crime.
Sergeant Gonzalez decided to pull-over Barbosa’s truck for an expired registration. Barbosa fled, and deputies pursued him at high speed, even calling in a helicopter to chase him knowing that he was having PTSD war flashbacks. When Barbosa drove down a steep hill, rolling his truck, Sgt. Gonzalez and deputies approached his crashed truck with guns pointed, despite no information that he was armed or had threatened anyone. Barbosa was obviously disoriented from the crash.
When deputies told him to come out of his truck, he displayed a steak knife. Canine Deputy Thomas Fleming ordered Barbosa to come out of his truck or he would be bitten. Sergeant Gonzalez, pointing a sniper rifle at the truck, ordered Barbosa not to come out with the steak knife or he would be shot. Deputy Fleming sprayed pepper spray into the truck to force Barbosa out. When Barbosa made some movements that made it appear he was about to try to squeeze through the broken back window of the truck cab, Sgt. Gonzalez shot him from over 30 feet away. The nearest deputy was over 23 feet away. Thomas Barbosa was still inside his truck when Gonzalez shot him.
While Barbosa lay dying inside his truck, Sgt. Gonzalez and Deputy Fleming decided to have the police dog attack and bite Barbosa to try to drag his limp body out of the truck. After the dog bit him for over 20 seconds, deputies had to pull Barbosa from the truck. He died at the scene.
Thomas Barbosa’s wife, three children, and mother retained Haddad & Sherwin LLP to represent them in Thomas’s wrongful death lawsuit brought in federal court. On the eve of trial, the County agreed to pay the family $12,000,000 to avoid a trial.
Unnecessary Physical Force Causing Restraint Asphyxia
On the morning of April 19, 2021, Mario Gonzalez was killed by three Alameda, California, police officers when they responded to a call about a man acting erratically. Shortly after the officers arrived at the scene, they pinned him on the ground using their body weight for over five minutes after unsuccessfully trying to obtain Gonzalez’s full name and ID. Mario never attacked or threatened another person, and never actively resisted any officer. After he was handcuffed, Mario was still prone with great weight on his back, torso, and legs, for over three and a half more minutes before he was rushed to the hospital and pronounced dead shortly after.
The first autopsy concluded that Gonzalez died due to methamphetamine toxicity, however the second autopsy requested by Haddad and Sherwin LLP confirms that Mario’s premature death was caused by restraint asphyxia. After officers and medical staff attempted Narcan administration and CPR, Mario died at age 26, leaving behind a four-year-old son.
Haddad and Sherwin LLP was able to hold the city of Alameda accountable for the actions of its officers and obtained an $11 million settlement for the family of Mario Gonzalez, including his now 7-year-old son.
Improper Choke Hold and Restraint Leading to In-Custody Death
On July 26, 2016, Pittsburg, California, police officers initiated a traffic stop on Humberto Martinez’s car for an expired registration. Instead of pulling over, Martinez led the officers on a brief vehicle pursuit to his friend’s house where he ran inside through the open garage.
The officers chased the unarmed Martinez into the home, where Officers Ernest Mejia and Willie Glasper tackled him to the floor. Moments later, Officer Jason Waite, and soon thereafter, Officers Gabriel Palma, Patrick Berhan, and Jonathan Elmore joined them in the kitchen.
As the six officers’ body-camera videos confirm, each officer was involved in the brutal beating of Martinez, including the use of deadly force and restraint methods known to cause compression asphyxia collectively causing his death.
Martinez’s autopsy revealed severe injuries, including hemorrhages in the neck, fractured thyroid cartilage, 16 fractured ribs, a fractured sternum, and bruises to his liver and lungs. The pathologist concluded the cause of death was secondary to probable mechanical obstruction of respiration complicated by carotid sinus reflex stimulation due to the “carotid choke hold.”
“These Pittsburg officers took Beto Martinez’s life for a simple misdemeanor,” said Haddad & Sherwin’s Michael Haddad who represented the family. “They continued to beat and choke him even when he can be heard on their videos saying, ‘I can’t breathe!'”
In addition to agreeing to pay Martinez’s children $7.3 million to avoid a jury trial, the police department agreed to reforms including banning officers’ use of the carotid hold and training officers about the dangers of prone restraint causing asphyxia in some people.
Contact California Excessive Force Attorneys
At Haddad & Sherwin LLP, our attorneys have successfully represented victims of wrongful death by police excessive force to secure settlements or verdicts for them and their families, vindicate our clients’ civil rights of our clients, and win reforms that improve law enforcement training and policies. If your loved one has suffered wrongful death at the hands of police, contact us at 510-452-5500 for a free consultation.
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