Appeals court overturns jury verdict that cleared Anaheim police in shooting of unarmed man

A federal jury decision that absolved Anaheim police in a shooting of an unarmed man was influenced by inflammatory, graphic and irrelevant evidence and must be overturned, a federal appeals court decided unanimously Wednesday.

The decision by the U.S. 9^th Circuit Court of Appeals revived a civil rights lawsuit by the family of Manuel Diaz, 25, who was shot and killed in 2012 after running away from two Anaheim police officers. The shooting sparked days of violence and street protests.

“Police shootings are often the most difficult — and divisive — cases that our legal system and society encounter,” Judge John B. Owens wrote for the U.S. 9^th Circuit Court of Appeals. “Wrapped in strong emotion and often opaque case law, they can perplex even our most experienced trial judges.”

The federal jury had returned a verdict in favor of police after six days of trial and only two hours of deliberation.

The 9^th Circuit said the jury heard “runaway” evidence of Diaz’s gang affiliation and drug use, matters that were irrelevant to a decision on whether the police officer who shot Diaz acted recklessly.

“Defendants introduced (over repeated objection) photographs of Diaz posing with firearms and making gang signs,” Owens wrote.

A gang expert testifying for the police said gang members carry guns concealed under baggy shirts to use them against the police.

“This was simply overkill,” said Owens, a President Obama appointee and former litigator and federal prosecutor based in San Diego.

Officers found a cellphone and a narcotics pipe near Diaz, but no weapon. A toxicology report found that Diaz had high levels of methamphetamine in his blood on the day he died.

Officer Nick Bennallack, who killed Diaz, testified that he did not see Diaz’s hands or a gun before firing, but was concerned because Diaz kept reaching for his waist instead of pumping his arms as he ran.

Bennallack also was involved in two other shootings of suspects. Investigations by Orange County prosecutors cleared him of any wrongdoing in all three cases.

The 9^th Circuit said the district court should have divided up the trial to ensure the jury heard only testimony relevant to the question at hand.

The first portion should have focused on whether police used excessive force, the three appeals court judges agreed.

If the jury found police liable, it should then have heard evidence to decide the amount of compensation owed to the victim’s family, the court said.

In many police shooting cases, defendants shift the focus from whether the police conduct was reasonable to an attack on the victim, said Melanie Partow, a lawyer for Diaz’s family.

“That is what they did here,” she said. “This wasn’t a case where the officers knew who they were dealing with. They were on routine patrol, saw some kids and one of the kids ran.”

Partow said Genevieve Huizar, Diaz’s mother, was overjoyed when told of the ruling.

“She was crying, and she said she was excited that she has a second chance to get justice for her son,” the lawyer said.

Mike Lyster, chief communications officer for Anaheim, said the city was disappointed.

“Beyond that we don’t have any additional comment as this is an ongoing legal matter,” he said in an email.

The case may now be retried unless the parties settle.

After the controversy over the Diaz case and other shootings, Anaheim hired a consulting group to examine the Police Department and recommend reforms.

The 2015 report included recommendations that the Police Department establish a foot-pursuit policy. It urged that officers involved in shootings be interviewed on the day of the incident instead of 48 hours later, and that police work with the coroner and prosecutors to ensure that bodies are not left out on the street for several hours and photographed in the nude in open view of the community.

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UPDATES:

5:55 p.m.: This article was updated with additional details from the decision.

This article was originally posted at 1:40 p.m.