Edmund “Bubba” Gutierrez died because of excessive force by two police officers with whom Gutierrez struggled as he resisted their unlawful actions, a federal civil lawsuit alleges.
The wrongful death suit was filed in San Diego federal court Tuesday night alleges that Imperial police Officers Eric Granado and Joe Garibaldi subjected Gutierrez to “unwarranted and unreasonable” force during a traffic stop early July 5, 2010.
In addition to Granado and Garibaldi, the Imperial Police Department, the city of El Centro and the county of Imperial are named as defendants in the suit that was filed with Gutierrez’s parents listed as plaintiffs.
A court record reports that damages in excess of $1 million are being sought, but San Diego-based attorney Daniel Bacalski, who represents the Gutierrez family, said Wednesday that aspect of the case would have to be proven at trial.
The lawsuit — which was filed one year to the day after Gutierrez died at El Centro Regional Medical Center following his violent encounter with Granado and Garibaldi — claims that while Gutierrez was handcuffed Granado repeatedly fired his Taser at him before Garibaldi, who was called for backup, arrived.
“Garibaldi sprayed decedent in the face with pepper spray and delivered several blows to decedent’s face with his hand,” the civil complaint says. “Meanwhile, Granado was beating decedent with his baton. Together, Granado and Garibaldi used such excessive, unreasonable and unwarranted force so as to ultimately cause decedent’s death.”
Imperial City Manager Marlene Best declined to comment about the lawsuit, which she said has not yet been served on the city. It was not known who would represent Imperial in the federal suit as an outside counsel would have to be sought, Best said.
Imperial Police Chief Miguel Colon also declined to comment.
Claims that Granado and Garibaldi took actions that subsequently resulted in Gutierrez’s death counter what the Imperial County District Attorney’s Office found in a nine-month investigation.
There was no sufficient evidence to charge the officers with any criminal wrongdoing, the DA concluded, even though the coroner’s report ruled that Gutierrez’s death was a homicide.
The autopsy report also revealed that Gutierrez’s “agitated” behavior that night associated with marijuana use and a blood alcohol level of 0.16, and other factors like an enlarged heart, led to his death.
Bacalski said he thinks the Imperial Police Department would attempt to make that aspect of the autopsy report relevant in the civil case. But Bacalski added he didn’t believe Gutierrez’s agitated behavior was spurred by marijuana or alcohol but instead his “resisting the use of force.”
Also, criminal trials require proof beyond a reasonable doubt in order to win a conviction, while a civil trial requires a plaintiff to prove his case by showing a preponderance of evidence, Bacalski said.
Staff Writer Silvio J. Panta can be reached at 760-337-3442 or at spanta@ivpressonline.com
The wrongful death suit was filed in San Diego federal court Tuesday night alleges that Imperial police Officers Eric Granado and Joe Garibaldi subjected Gutierrez to “unwarranted and unreasonable” force during a traffic stop early July 5, 2010.
A court record reports that damages in excess of $1 million are being sought, but San Diego-based attorney Daniel Bacalski, who represents the Gutierrez family, said Wednesday that aspect of the case would have to be proven at trial.
The lawsuit — which was filed one year to the day after Gutierrez died at El Centro Regional Medical Center following his violent encounter with Granado and Garibaldi — claims that while Gutierrez was handcuffed Granado repeatedly fired his Taser at him before Garibaldi, who was called for backup, arrived.
“Garibaldi sprayed decedent in the face with pepper spray and delivered several blows to decedent’s face with his hand,” the civil complaint says. “Meanwhile, Granado was beating decedent with his baton. Together, Granado and Garibaldi used such excessive, unreasonable and unwarranted force so as to ultimately cause decedent’s death.”
Imperial City Manager Marlene Best declined to comment about the lawsuit, which she said has not yet been served on the city. It was not known who would represent Imperial in the federal suit as an outside counsel would have to be sought, Best said.
Imperial Police Chief Miguel Colon also declined to comment.
Claims that Granado and Garibaldi took actions that subsequently resulted in Gutierrez’s death counter what the Imperial County District Attorney’s Office found in a nine-month investigation.
There was no sufficient evidence to charge the officers with any criminal wrongdoing, the DA concluded, even though the coroner’s report ruled that Gutierrez’s death was a homicide.
The autopsy report also revealed that Gutierrez’s “agitated” behavior that night associated with marijuana use and a blood alcohol level of 0.16, and other factors like an enlarged heart, led to his death.
Bacalski said he thinks the Imperial Police Department would attempt to make that aspect of the autopsy report relevant in the civil case. But Bacalski added he didn’t believe Gutierrez’s agitated behavior was spurred by marijuana or alcohol but instead his “resisting the use of force.”
Also, criminal trials require proof beyond a reasonable doubt in order to win a conviction, while a civil trial requires a plaintiff to prove his case by showing a preponderance of evidence, Bacalski said.
Staff Writer Silvio J. Panta can be reached at 760-337-3442 or at spanta@ivpressonline.com
