‘If there are mistakes ... just own up to it’: Mother of man killed by H.B. police appeals in effort to keep lawsuit alive

The mother of a 29-year-old man who was shot to death by Huntington Beach police last year has appealed a federal judge’s ruling throwing out her civil-rights lawsuit against the city. She contends a jury should decide the matter.

Attorney Dale Galipo filed a notice of appeal to the U.S. 9th Circuit Court of Appeals on Aug. 21 for Angela Hernandez, whose son, Steven Schiltz, was shot by police officers Trevor Jackson and Casey Thomas on a soccer field at the Huntington Beach Central Park Sports Complex on March 9, 2017.

U.S. District Judge Andrew Guilford threw out Hernandez’s lawsuit Aug. 1 by granting the city’s request for summary judgment, or a ruling without trial. Guilford wrote in his 13-page ruling that the city provided “significant evidence showing that the officers acted reasonably, in defense of the safety of others.”

But Hernandez said Monday that she believes it was “an unjustified shooting” and that it is important “to have a jury trial hear the facts and evidence in this civil matter.”

Hernandez’s lawsuit sought $20 million in damages based on allegations of wrongful death, excessive force and inadequate training on the part of the officers, as well as negligence and battery. It also alleged law enforcement failed to call for medical care for Schiltz in a timely manner, resulting in his death.

“A dog and Taser were present. Why didn’t they use any of that?” Hernandez said in an interview. “It doesn’t look right. If there are mistakes and errors, just own up to it. I just want the truth to come out.”

City Attorney Michael Gates said Monday that he will fight the appeal as “aggressively and vigorously” as the city fought the suit originally.

“I don’t think there’s a valid basis for appeal,” Gates said. “I think Judge Guilford’s decision was well-reasoned and supported his reasons with good legal authorities and facts for the case.”

Galipo could not immediately be reached for comment Monday.

During a court hearing July 30, Galipo said Schiltz suffered from mental illness and was “clearly acting in some bizarre fashion” but that officers did not have to use lethal force to subdue him. He noted that officers were equipped with Tasers and had a police dog with them.

The city argued the officers were justified in how they handled the case.

Police said last year that they went to the sports complex at about 7:20 p.m. in response to emergency calls about a man with a bat and a broken bottle hitting trees and chasing people around the fields.

Schiltz, who was at the complex to play in a softball game sponsored by the Huntington Beach Adult Softball League, had marijuana and methamphetamine in his system at the time of his death, according to court filings.

According to police, Officer Jackson asked Schiltz, who appeared to be holding a sharpened stick, to talk with him. Schiltz refused and began running around a soccer field filled with children and families. Schiltz jumped over a fence, fell onto concrete and injured himself but continued to run, police said.

A few people on the field chased Schiltz and swung tree branches at him before Jackson told them to stop, according to court records.

The city contends Schiltz ignored officers’ commands to drop the stick and climbed a set of bleachers and made a “threatening move” toward a woman and her 6-year-old son, according to court documents.

Attorneys for the city said Jackson fired at least three shots at Schiltz in an effort to protect the woman and child.

When it appeared Schiltz was getting up to strike the woman, Jackson and Thomas each fired one more shot at him, hitting him in the forehead and chest, according to court documents.

Galipo argued during the hearing last month that Schiltz was “sitting or kneeling” at the time and didn’t make any threatening moves toward the woman or her son.

Galipo also questioned whether the stick was large enough to inflict harm and whether Schiltz was close enough to the woman to justify shots being fired.

“We think these are issues for the jury to decide,” Galipo said.

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