Call Us Today | Free Consultation ! 404-298-0795|


Sheriff’s Dept. faces wrongful-death suit – Arizona Daily Star

2013-01-16T00:00:00Z 2013-01-16T08:34:54Z Sheriff’s Dept. faces wrongful-death suitKim Smith Arizona Daily Star Arizona Daily Star
Edith “Lynn” Marques remembers deputies passing her and her husband twice on April 1, 2011, with their lights and sirens on. She has no recollection of the crash moments later that took her husband’s life.
Marques took the stand Tuesday in Pima County Superior Court Judge Carmine Cornelio’s courtroom. She and her 11 children filed a wrongful-death lawsuit against the Pima County Sheriff’s Department as a result of the death of her husband, Joseph. Tuesday was the first day of the trial.
Marques’ attorney, James Abraham, told jurors during opening statements that Joseph Marques died because deputies violated a department policy that the safety of the public must take a priority over the arrest of a suspect.
In this case, Abraham said, deputies repeatedly refused to stop chasing a shoplifter – a shoplifter who eventually ran a red light, hitting the Marques vehicle and killing Joseph, 73.
Deputy Pima County Attorney Nancy Davis told jurors the deputies were not pursuing Patrick Gutierrez that afternoon; they were following a robbery suspect.
Eventually, Gutierrez stopped at a stop sign, Davis said.
Unfortunately, there was no way Lt. Scott Martin, who was with Gutierrez at the stop sign, could have predicted Gutierrez was going to take off and run a red light eight seconds later – when he turned on his lights, Davis said.
“The only person responsible (for Marques’ death) is the person who ran the red light, Patrick Gutierrez,” Davis told jurors.
Lynn Marques testified she and Joseph and their youngest child, Andrew, 9, were returning from a weeklong trip to San Diego.
Joseph always took the Ina Road exit to [...]

By |January 16th, 2013|News|Comments Off on Sheriff’s Dept. faces wrongful-death suit – Arizona Daily Star|

City of Napa Faces Wrongful Death Claims After Richard Poccia was Killed by … – Opposing Views

OAKLAND, Calif. (CN) – Napa must face wrongful-death claims after a man was shot in the back of the head while unarmed and possibly handcuffed, a federal judge ruled.     Police officers had responded to the home of Richard Poccia on Nov. 28, 2010, when the 60-year-old nurse was in a state of mental health distress, his family claims.     Though Poccia told police on the phone that he would come out of his house unarmed, Napa escalated the situation by launching a “full-scale SWAT action,” according to the complaint from his widow, Samanda Dorger, and daughter, Gabrielle Poccia.     Officers allegedly shouted conflicting directions while pointing their guns at 60-year-old nurse. After Officer Brad Baker stunned Poccia with a Taser gun, Officer Nick Dalessi shot Poccia at close range in the back of the head with an assault rifle, according to the complaint.     One witness allegedly says that Dalessi fired after Poccia was already in handcuffs.     Sgt. Amy Hunter had assured Poccia that if he came out of his house, officers could make sure he was all right and he would not be arrested, according to the complaint.     Poccia agreed to come out of the house unarmed with no jacket on and his shirt tucked in to demonstrate that he did not have a weapon.     U.S. District Judge Yvonne Gonzalez-Rogers refused to dismiss a Monell claim against Napa on Friday. The doctrine takes its name from Monell v. NYC Department of Social Services, a 1978 Supreme Court case that first established local government accountability for unconstitutional acts.     Though Napa claims that the complaint insufficiently alleges a policy or longstanding custom that would give rise to Monell liability, Rogers concluded otherwise.     The second amended complaint notes “a policy of failing to engage mental health workers in [...]

By |September 6th, 2012|News|Comments Off on City of Napa Faces Wrongful Death Claims After Richard Poccia was Killed by … – Opposing Views|