Split Ninth Circuit Reinstates Anaheim Police Lethal Force Case

Pamela A. MacLean reports for Trial Insider:

Two Anaheim police officers must face claims of excessive force after one officer shot a man in the head at close range as the man allegedly tried to leave a traffic stop.

The 9^th U.S. Circuit Court of Appeals, in a divided 7-4 decision, reinstated the excessive lethal-force claims by the family of Anthony Sanchez Gonzalez.

Gonzales died after officer Daron Wyatt shot him point-blank in the head as he allegedly tried to drive away from a traffic stop while Wyatt was in the van.

Wyatt and officier Matthew Ellis stopped Gonzalez after he mad a dangerous turn into a gas station in 2009, cutting off the officers in their squad car.

According to the account in the opinion: following that stop, the officers saw the same van weaving in and out of traffic and followed him.  Although they had no information that the driver was involved in a crime they decided to stop him again.

Wyatt drew his gun as he approached and thought he saw Gonzalez reach for something between the driver and passenger seats of the van.  Gonzalez was told to stop or he’d be shot and Gonzalez complied.  Ellis spotted a plastic bag in Gonzalez hand, ordered him to turn off the car and show his hands.

Gonzalez instead reached for his mouth as if it swallow something.  A struggle ensued with Wyatt striking Gonzalez in the head with a flashlight and climbing into the passenger seat to restrain him.  Gonzalez allegedly stomped on the accelerator and the car lurched forward.  Wyatt yelled at him to stop the car and failed to grab the keys in the ignition.  It was at that point he shot Gonzalez in the head from six inches away.  The van hit a parked car and came to a stop.  Wyatt claimed the van was going 50 miles per hour and later said it traveled 50 feet in 10 seconds, which is less than four miles per hours, according to the court.

Gonzalez’ parents and daughter sued claiming the officers used excessive force.

“The key issue in this case is whether a reasonable jury would necessarily find that Wyatt perceived an immediate threat of death or serious physical injury at the time he shot Gonzalez in the head,” wrote Judge Richard Clifton wrote. . . .