A federal jury reached a mixed verdict Tuesday in the wrongful-death trial of Steven Vargas.
The jury cleared Fresno Police Chief Jerry Dyer of liability for the shooting death of Vargas. Vargas was high on PCP and unarmed when he was shot by Sgt. Mike Palamino in October of 2009.
The Jury found that Palamino and the City of Fresno did violate Vargas's 4th Amendment right against excessive and unreasonable force. But jurors found that Palomino was not negligent and that Vargas' death was not wrongful.
The Jury also found there was no pattern of wrongdoing by the Fresno Police Department. The plaintiff's attorney presented evidence during the trial regarding ten officer-involved shootings dating back to the mid-2000s, including the Vargas case. The shootings highlight a pattern of unjustified shootings by Fresno Police, he said. But the defense claimed all ten shootings were justified.
The jury was hung on the 14th Amendment claim. According to CBS47 Legal Analyst Carl Faller, that amendment basically states that there can not be any loss of life, liberty, or property without due process of the law.
"It was a difficult process to sit through and there were a lot of pieces of information that I've taken to heart. And I can guarantee you that as there is with any process, we will all learn from this trial," said Dyer after the verdict was read.
"If this case were to proceed to a phase two, I think the jurors would learn and the community would learn that Steven Vargas was not perfect, but he was a good man. He loved his family and his family loved him," said attorney Arturo Gonzalez, who represented the plaintiffs.
Gonzalez told reporters that it is possible that there could be another trial on the 14th Amendment claim.
The jury is scheduled to return to court in mid-January to discuss any possible damages. There will be no punitive damages, but the jury can award damages for things like lost income. Gonzalez told reporters that he did make a seven-figure proposal to the city before he left the courthouse, but he will try to resolve that before the jury returns.
The jury cleared Fresno Police Chief Jerry Dyer of liability for the shooting death of Vargas. Vargas was high on PCP and unarmed when he was shot by Sgt. Mike Palamino in October of 2009.
The Jury found that Palamino and the City of Fresno did violate Vargas's 4th Amendment right against excessive and unreasonable force. But jurors found that Palomino was not negligent and that Vargas' death was not wrongful.
The Jury also found there was no pattern of wrongdoing by the Fresno Police Department. The plaintiff's attorney presented evidence during the trial regarding ten officer-involved shootings dating back to the mid-2000s, including the Vargas case. The shootings highlight a pattern of unjustified shootings by Fresno Police, he said. But the defense claimed all ten shootings were justified.
The jury was hung on the 14th Amendment claim. According to CBS47 Legal Analyst Carl Faller, that amendment basically states that there can not be any loss of life, liberty, or property without due process of the law.
"It was a difficult process to sit through and there were a lot of pieces of information that I've taken to heart. And I can guarantee you that as there is with any process, we will all learn from this trial," said Dyer after the verdict was read.
"If this case were to proceed to a phase two, I think the jurors would learn and the community would learn that Steven Vargas was not perfect, but he was a good man. He loved his family and his family loved him," said attorney Arturo Gonzalez, who represented the plaintiffs.
Gonzalez told reporters that it is possible that there could be another trial on the 14th Amendment claim.
The jury is scheduled to return to court in mid-January to discuss any possible damages. There will be no punitive damages, but the jury can award damages for things like lost income. Gonzalez told reporters that he did make a seven-figure proposal to the city before he left the courthouse, but he will try to resolve that before the jury returns.