A Marine that was killed by police on a San Diego freeway is the subject of a wrongful death lawsuit against a deputy sheriff who, aided by California Highway Patrol officers, shot the man 37 times, as reported by the Courthouse News Service.
Active duty Marine, R.M., 22, had been arguing with his wife prior to leading 18 officers in 13 police cruisers in a chase on the I-5 freeway near his Camp Pendleton base. By the time he neared Encinitas he was trapped by the officers.
R.M. recently returned home following a tour in Iraq, and, according to a federal court ruling. was suffering with Post Traumatic Stress Disorder. Symptoms, for most military personnel with the disorder, include flashbacks to war zone violence they may have witnessed, suffering with depression and difficulty functioning in situations with others.
After the fight with his wife, J.M., R.M. left the family home in his truck – though his wife had asked him not to leave.
Officers observed J.M. swerving on the freeway, and, suspicious that he may be a drunk driver, tried to pull him over. However, J.M. did not respond to the police and continued to travel, in a slow pace, on the freeway.
Several attempts were made to stop J.M. Officers had laid down spike strips and used special maneuvers in an effort to stop his car. One officer, M.R., was nearly hit by J.M. as he was laying down a spike strip. This action by J.M. prompted officers to radio that J.M. had attempted an "assault with a deadly weapon."
A summary of the events in the judge's ruling read, "This radio call caused other law enforcement officers to believe the decedent was a dangerous threat."
CHP officers were able to force J.M. from the freeway and onto the dirt shoulder, ramming his truck in the process. The ruling continued, "By this time, over a dozen officers had converged on the scene and several officers and deputies had taken up positions around the decedent's truck and in close proximity to it. (M.R.) told homicide investigators that he immediately went to the passenger side of the decedent's truck with his gun drawn…"
M.R. shot the truck's tires and ordered J.M. to get out of his vehicle. Officers claim that they saw J.M. turn his wheels in a threatening way – toward M.R. – and that's when the other officers opened fire.
In 2009 U.S. District Judge John Houston dismissed all as defendants in the lawsuit except for M.R. and the County of San Diego. By 2011 the case was transferred to U.S. District Judge Anthony Battaglia.
Judge Battaglia ruled that there was enough evidence to support a Fourth Amendment excessive force claim against M.R. Battaglia wrote, "Plaintiff's allegations in regards to Defendant (M.R.) encompass the Defendant's conduct up to the actual killing of the decedent, and whether the Defendant's bullet killed the decedent is but one factor to be considered in reaching the merits of Plaintiff's claims. Plaintiff's allegations that Defendant (M.R.) shooting of the decedent was unreasonably excessive under the circumstances and with intent to harm unrelated to a legitimate law enforcement purpose is plausible."
Contact a personal injury lawyer to file a wrongful death lawsuit if you have lost a loved one due to someone else's "intent to harm."