The Gilroy Police Department is facing as much as $1.25 million in damages after a federal civil jury Tuesday found a Gilroy police officer was negligent for fatally shooting a 33-year-old man in 2008 on Pacheco Pass, according to a press release from the GPD.
The jury’s verdict was that the GPD is responsible for damages and legal bills for the family of Gurmit Singh, the man who was fatally shot in Feb. 8, 2008. Singh’s family sued the City of Gilroy in 2009 after a criminal grand jury cleared Gilroy Police Cpl. Eustaquio “Paco” Rodriguez in July 2008 of any charges because there was not enough evidence to indict, according to the Santa Clara County District Attorney’s Office. Rodriguez is still employed by GPD.
“We are very disappointed at the verdict and do not share the jury’s determination that Corporal Rodriguez should be faulted in any way for this,” said Police Chief Denise Turner in a press release.
Turner added that internal investigations by the Sherrif’s Office, GPD and Santa Clara County Grand Jury all found that Rodriguez acted in self defense, “within department policy, and that his actions were justifiable,” Turner wrote in the press release.
LeeAnn McPhillips, who is the City of Gilroy’s human resources director, did not return phone calls late Tuesday afternoon.
Gilroy Police Sgt. Chad Gallacinao said he could not comment on the matter.
Councilman Perry Woodward said he was surprised at the jury’s decision.
“This is very bad news,” Woodward said. “From everything I know about the case, the officer involved did everything he could to avoid having to shoot the guy who attacked him.”
Woodward said that he thought that Rodriguez “did everything by the book” the night that Singh was shot, and that he thought that would be apparent in trial.”
“But juries do unpredictable things,” he said.
Woodward said the next step is for the city to work with its lawyer to make an appeal.
Andrew Faber is the city attorney but was not involved in the case; instead the city contracted the case out to attorney Tim Schmal of Burton, Schmal & DiBenedetto LLP out of Santa Cruz.
In February 2008, Rodriguez, a then six-year veteran of the Gilroy Police Department, was driving westbound on Highway 152 on an hour-long drive back to Gilroy from Gustine in Merced County, where he served a subpoena. He spotted Gurmit Singh, 33, lying in the roadway with his head over the white line. Singh had been involved in a violent dispute with family members prior to being left on the side of the road, police said. When Rodriguez stopped to help the man, Singh attacked, police said, provoking Rodriguez to pull his gun and fire.
According to the GPD, Rodriguez fired two shots at Singh after he would not comply with Rodriguez’s commands, when Singh “suddenly stood up and came at Corporal Rodriguez in a football attack mode,” according to Chief Turner.
Other officers arrived at the scene to gain control of Singh and provide medical care, but he died later of his wounds.
Singh died several hours later from a gunshot wound to the abdomen. He was unarmed, according to the claim.
Paramjit Kaur, Singh’s wife, said that the city is responsible for Singh’s death because the officer was negligent, was negligently trained and used excessive force when Singh was shot and killed, according to the claim.
In July 2008, Rodriguez was cleared of the allegations by a criminal grand jury, on the grounds that there was not enough evidence to indict, said Assistant District Attorney David Tompkins. GPD Sgt. Jim Gillio finished his internal investigation in 2008 as well, thought then he said he cannot, however, discuss the results.
Prior to his death, Singh resided in Washington, near Seattle, and made a living as a truck driver. He left behind a wife and two small children, a 5-year-old daughter and a 4-year-old son. Originally from the Punjab region of India, he came to the States more than 10 years ago, said Navdeep Gurpal, a cousin of Singh’s wife.
Family members believe Singh was unarmed and police won’t let on one way or the other. But Singh had several inches and about 40 pounds on officer Rodriguez – who is small in stature – investigators approximated. One of the factors officers use to determine the reasonableness of force is the officer and subject’s size. Singh attacked officer Rodriguez, forcing him to shoot, police said.
All officer-involved shootings go before a grand jury to decide if the shooting was justified, Sheriff’s Sgt. Don Morrissey said.
A grand jury listens to evidence provided by the district attorney and decides if the officer involved in the shooting should be charged with a crime. Cases like these are usually “scrutinized a little closer,” Morrissey said. Hence, the grand jury.
Check back for more details.
