on sale now at amazon

on sale now at amazon
"I don't like this book because it don't got know pictures" Chief Rhorerer

“It’s becoming a disturbingly familiar scene in America - mentally unstable cops”

“It’s becoming a disturbingly familiar scene in America - mentally unstable cops”
“It’s becoming a disturbingly familiar scene in America - mentally unstable cops”

Settlement proposed in Palm Springs police shooting


 Brett Kelman, The Desert

Palm Springs council is weighing a proposed settlement with a resident who was accidentally shot by police last year. (Photo: Desert Sun file photo)
The Palm Springs City Council will vote Wednesday on a proposed settlement with a resident who was accidentally shot by police last year.
On the evening of Jan. 9, 2013, Benjamin Meza, 49, was walking his dog across South Camino Real. Down the street, three Palm Springs police officers were firing at a fleeing burglary suspect. Most of their bullets didn't hit anyone, but one of them continued along the darkened neighborhood street, and struck Meza in the leg.
Meza filed a lawsuit in county court one year later. Two months after that, the lawsuit was moved to federal court.
The terms of the proposed settlement are unknown. The proposal was submitted to a federal judge two weeks ago and the City Council is expected to vote on the proposal during closed session. City attorneys will "recommend" the settlement, according to court documents.
The police officers who fired their guns were Chad Nordman, Troy Castillo and Nick Barth. They were identified by the police department in June after The Desert Sun filed a public records request. It is unclear which officer fired the bullet that hit Meza.
The shots were fired during the attempted apprehension of Juan Villanueva Lopez Jr., a suspect in a series of burglaries.
The officers had staked out Lopez's car, which was parked outside of an apartment building. When Lopez and another man exited the building and climbed in the vehicle, the officers circled with their guns drawn, demanding the two men surrender.
One man climbed out of the car, but Lopez refused. The officer zapped him with a stun gun, but he clung to the wheel and punched the gas. The car lurched backwards, knocking three officers to the ground, then sped forward, the driver's side door hanging open, the headlights off.
The officers opened fire as the car sped away. Lopez was caught hours later after a standoff in Cathedral City. Earlier this month, he pleaded guilty to assaulting police officers with a deadly weapon.
The Palm Springs Police Department — like most police departments — has a policy that discourages shooting at a moving vehicle, which the policy states is "rarely effective." Officers are only supposed to fire at a vehicle if it is heading toward them and there is no way to get out of the way, or if there is another threat of deadly force, like a gun pointed out the window, directed at the officers or others.
Despite this policy, officers fired on the fleeing car. Steve Abraham, a nearby resident, was watching the news at home when he heard gunshots down the street.
Abraham rushed outside to investigate. Meza was bleeding on the curb in front of his house. A police officer was tending to his wound.
"If all they were doing was staking out a burglary suspect ... I don't know why guns had to be involved at all," Abraham said in a prior interview with The Desert Sun. "I don't want people shooting ... down my street. Somebody that you care about might be standing in the way."
The police department has admitted that Meza was inadvertently shot by an officer, but argued in court that the officer's behavior had not risen to the level of battery or negligence.
Doug Holland, an attorney for the city of Palm Springs, said Thursday the settlement was proposed by a mediator in the case and confirmed it will be recommended to the council. Holland said he could not reveal the terms of the settlement.
Meza's attorney, Dale Galipo, could not be reached for comment.
The council vote on this shooting settlement will come less than a week after a major decision in another Palm Springs police shooting. On Thursday, the Riverside County District Attorney's Office announced that it would not file charges against two officers who shot and killed a High Desert Marine two months before Meza was hit by the stray bullet.
Cpl. Allan DeVillena II was killed on Nov. 11, 2012 — the birthday of the Marine Corps. Nordman and another officer, Mike Heron, shot a drunken DeVillena as he attempted to drive out of the parking garage in downtown Palm Springs. Police have said that DeVillena struck one of the officers with his car, prompting them to open fire, but at least one witness has disputed this story.
The DeVillena shooting is the subject of a second lawsuit, also filed in federal court. The City County will be briefed on that lawsuit on Wednesday also.