Wrongful death -- how in the ....?

Wrongful death -- how in the ....?

This is a discussion on Wrongful death -- how in the ....? within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; http://www.mercurynews.com/breakingnews/ci_12000427 SD settles with family of man shot by police The Associated Press Posted: 03/26/2009 01:57:06 AM PDT SAN DIEGO—The city of San Diego has ...

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Thread: Wrongful death -- how in the ....?

  1. #1
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    Thumbs down Wrongful death -- how in the ....?

    http://www.mercurynews.com/breakingnews/ci_12000427

    SD settles with family of man shot by police
    The Associated Press
    Posted: 03/26/2009 01:57:06 AM PDT


    SAN DIEGO—The city of San Diego has agreed to pay $325,000 to settle a lawsuit filed by the family of a 25-year-old man police shot and killed when he reached for a toy gun during a traffic stop.

    The City Council unanimously approved the settlement in the wrongful death lawsuit Wednesday.

    Jacob Richard Faust was pulled over for making an illegal left turn on April 4, 2005. Police say he scuffled with two officers before reaching behind his van's front passenger seat and pulling out the toy gun. One of the officers fired three times and killed him.

    Faust's family has disputed the officers' account.

    They say Faust used the toy gun as a prop in a puppet show.

    The district attorney concluded that the shooting was legally justified.
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  2. #2
    VIP Member Array rottkeeper's Avatar
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    Maybe the police are supposed to verify if the gun is real or not before they shoot. This is why every ones insurance premiums are so high. These civil suits should not even make it to court when someone provokes the police into taking action to save themselves.
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    VIP Member Array boricua's Avatar
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    "They say Faust used the toy gun as a prop in a puppet show."

    Thought he was funny, huh.
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  4. #4
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    This settlement is an incentive to the next scumbags heirs lookin for a jackpot.

    Michael

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    LoL. This is so stupid. The lawsuit should have been thrown out. I was pulled over once and had an air soft gun in my glove box (replica of the Walther P99, looks and feels exactly like it), I opened it to get my insurance information, saw it, told the officer that I had an Airsoft gun on top of my insurance info, and that I was more than willing to step out of the car so she could see for herself. She thanked me for informing her and had me step out, she looked at it (ejected the magazine pulled back the slide) gave it back and said thanks. She went on to tell me how she had her gun against a drivers head for pulling one out of his glove box in a similar situation.

    And after scuffling with the police you grab a gun? Even a toy gun, squirt gun painted black, airsoft, even potato gun. They all look like guns. I would have shot him too. And now his family gets 325k for him being mentally deficient? Outrageous!
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  6. #6
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    I have no idea why the city would pay out on such a shooting event. That was ridiculous and sends a bad message to the heirs of fallen scumbags to come.
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  7. #7
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    These kinds of payouts are difficult to understand. In some cases, it's just cheaper to pay the undeserving plantiff, than the lawyers...and one never really knows how a jury might see the solution.

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    VIP Member Array goldshellback's Avatar
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    "They say Faust used the toy gun as a prop in a puppet show. "

    After scuffling with the police during a traffic stop, reaching for that 'prop' got the puppetmaster's strings cut.......and rightfully so.
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    Quote Originally Posted by retsupt99 View Post
    These kinds of payouts are difficult to understand. In some cases, it's just cheaper to pay the undeserving plantiff, than the lawyers...and one never really knows how a jury might see the solution.

    Stay armed......stay safe!
    Too true. Tort reform, anyone?
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  10. #10
    VIP Member Array matiki's Avatar
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    Here's an article about the incident, after the Officer that killed him was cleared:

    SignOnSanDiego.com > News > Metro -- San Diego officer cleared in fatal shooting
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  11. #11
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    Pay?

    Quote Originally Posted by retsupt99 View Post
    In some cases, it's just cheaper to pay the undeserving plantiff, than the lawyers....
    Pay lawyers?

    All the larger jurisdictions I know of have lawyers on staff, on the payroll. So, what's the need to pay someone else?

    Oh, wait a minute. They appointed some, as political favors, and others were elected to office. Hum, maybe it's that they know the quality of those lawyers who would be representing them.

    Of course that is probably just a local situation.
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    I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.

    I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.

    Veni, Vidi, Velcro

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