(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this brain injury case and its proceedings.)
INTRODUCTION/SUMMARY OF FACTS cont.
Defendants’ own police procedures expert has testified that it was improper for Officer Doe to fail to notify dispatch of what he had upon arrival. Officer Doe himself has testified that he was out of his car, in the presence of five unknown males, for about five seconds when one of the men (plaintiff James Santoro) turned and began to lope away. Officer Doe testified that within one second he started to chase Santoro without knowing who the aggressors were and knowing very little about any of the five involved. The crime Officer Doe was investigating was a simple misdemeanor P.C. § 415 (fighting in public).
Officer Doe ran right past the four other men, including the two who instigated the fight. In doing so, he violated proper police protocols and clear training guidelines.
Officer Doe ran about 100 feet toward Mr. Santoro. Witnesses will testify that Officer Doe yelled stop once or twice, and nothing else. Officer Doe claims he yelled numerous times. James Santoro, complying with Officer Doe’ requests, stops and turns around. As he does so, Officer Doe hits Mr. Santoro in the chest with both hands, with great force. Mr. Santoro flies backward.
Officer Doe hit Mr. Santoro with such force that Mr. Santoro’ body flew into the air. According to Officer Doe and an independent eye witness who was six feet away, Mr. Santoro’ legs flew up in front of his body, which was now parallel to the ground, flying backward. Mr. Santoro was unable to break his fall in any way. His back hit the sidewalk and his head snapped back onto the pavement with great force, causing a loud smack which, according to the eye witness, sounded like a melon smashing onto the pavement. Mr. Santoro’ head bounced up and smacked onto the pavement a second time due to the force with which he was hit.
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Mr. Santoro was knocked unconscious. Paramedics were called. Mr. Santoro’ friends stayed at the scene, but as soon as Officer Doe went after Mr. Santoro the two instigators of the fight ran off and got away. (See Part 3 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.