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By Chuck Carroll and John Woolfolk
Mercury News
A jury has slapped San Jose with a $1 million judgment -- one of
the largest in the city's history -- after finding police officers
were partly responsible for the 2001 death of a mentally ill man
who died as he resisted arrest for a disturbance at a fast-food
restaurant.
City Attorney Rick Doyle said he was shocked by the amount of damages
awarded, calling Wednesday's judgment the highest under his tenure.
He said the city will ask the court for a new trial or seek a reduction
in damages.
``It's a huge number,'' Doyle said. ``It's the largest number I've
seen since I've been with the office. We believe the size is very
excessive.''
Kim Smith, the widow of William Smith, brought the wrongful death
suit after her husband died during a scuffle the night of Sept.
25, 2001, that began with a disturbance at a McDonald's restaurant
on Tully Road and eventually involved eight officers.
Police said officers were dispatched to the restaurant after customers
complained about a man yelling and making racial comments and threats.
When three officers arrived, they found Smith, 45, outside the restaurant
at a nearby bus stop where he shouted at people passing by, police
said.
They decided to take Smith into custody for observation because
of his mental distress.
Police said Smith was handcuffed, but continued to kick. They placed
him face down on the curb, at which point officers attempted to
restrain him as they tried to place a nylon wrap around his legs.
The officers noticed he had stopped breathing and called for paramedics,
who were unable to revive him. The coroner determined Smith had
died of asphyxiation.
Kim Smith's attorney, Steven Jacobsen of Oakland, contended the
officers ignored their training in handling Smith, who police say
weighed more than 300 pounds. He said the police should have rolled
Smith on his back or side to make sure he could breathe.
``This terrible tragedy raises awareness of the need for better
police training in dealing with the mentally ill,'' Jacobsen said.
An arrest for mental distress ``should not turn into punishment
and certainly should not end up in death,'' he said. ``The victim
in this case was a paranoid schizophrenic, and I believe the police
believed they could do whatever they wanted to control him.''
Doyle called it an ``unfortunate case,'' but stressed that the
city did not believe the eight officers who responded acted inappropriately.
All remain with the force and will face no disciplinary action,
he said.
``The officers did nothing wrong,'' Doyle said. ``I personally
disagree with the verdict. These officers on the street are asked
to make split-second decisions. Hindsight is always 20-20.''
Doyle said the city tried unsuccessfully to reach a settlement
agreement. He felt the jury was moved by sympathy for the mentally
ill man and his grieving widow, and that the decision follows a
trend nationally in which jurors are less inclined to give police
the benefit of the doubt.
``Juries are holding police to a higher standard,'' Doyle said.
``I think it's a very tragic result when there's a death involved.
Jurors are sympathetic to the fact that the individual died and
to the mental health problems. Maybe they felt he should have been
treated differently.''
Don DeMers, president of the San Jose Police Officers Association,
echoed Doyle's assessment of the case and said he was satisfied
the city is backing up its officers.
``Unfortunately, when you have a person who's both agitated because
of his mental state and in such a physical condition that a struggle
like that can kill them, unfortunately, that happens,'' DeMers said.
``We believe the officers did the right thing, did what they were
trained to do.''
Jacobsen said the verdict raises the visibility of what she called
police abuse in San Jose, citing both this case and the 2003 fatal
shooting by a San Jose police officer of a 25-year-old Vietnamese
mother of two as she waved a vegetable peeler that was mistaken
for a cleaver. A grand jury cleared the San Jose patrolman who shot
her of any criminal wrongdoing in the case. A civil suit filed by
the woman's family is pending.
Assistant City Attorney Clifford Greenberg, who defended the city
during the 11-day trial of the Smith case in front of Santa Clara
County Superior Court Judge John Garibaldi, could not be reached
for immediate comment.
After two days of deliberations, the jury voted 9-3 to award Kim
Smith $1,056,000 in damages for battery and negligence contributing
to her husband's death.
The verdict was not a total victory for Kim Smith.
The jury unanimously rejected the claim that the police violated
Smith's civil rights. They held that his negligence was 35 percent
responsible for his death, while the police were responsible for
the rest.
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