The family of a man who died after being repeatedly punched and Tased by a West Covina police officer while hospitalized should receive $1.5 million in damages, an appeals court has ruled.
David Mendoza, 42, died of asphyxiation in 2007 after being punched and shocked with a Taser by officer Enrique Macias, and pinned to the floor by Macias and three other officers, according to findings reached and published by the appeals court last month.
"Taken as a whole, the combined effect of this evidence supports a finding that Macias punched and Tasered a non-resisting and compliant man that he knew was emotionally troubled and physically ill, and continued to do so when Mendoza did no more than flinch from the pain and cry for help," according to the appellate court's ruling.
The ruling, which upheld a 2009 ruling against West Covina that awarded $1.5 million in damages to Mendoza's family, was made by three justices from the California Second District Court of Appeal.
West Covina police Chief Frank Wills was surprised by the ruling, saying the appeal "seemed so promising."
Wills said he had never seen a ruling that "ignored so much exculpatory evidence," including the testimony of several witnesses.
The chain of events leading up to Mendoza's death began in March 2007 when he walked out of a hospital where he was being treated for alcohol withdrawal symptoms at 3:30 a.m.
A short time later, he tried to open the back window of a home in the area and asked the resident living there in Spanish to use the telephone to call his family.
Police responded, found Mendoza seated on a curb nearby and arrested him on suspicion of burglary, records show.
Following his arrest, police took him to a hospital when he complained of being ill.
Once there, Mendoza was handcuffed to a chair in preparation to have his blood drawn by a nurse.
Police and witnesses differ in their account of events after that point.
Police maintain that Mendoza became agitated and presented a threat to officers. Witnesses testified that Macias began Tasering Mendoza while he was still seated, and said Mendoza did not make any threatening movements.
Mendoza stopped breathing during the ensuing struggle with Macias and the other officers who pinned him to the floor.
The record log built into Macias' Taser showed he fired it 14 times, sometimes for as long as 30 seconds. The police department has maintained that the log was not working properly.
Following Mendoza's death, his sons filed a wrongful death suit against the city, the police department and Macias.
A jury in late 2009 awarded $750,000 to each of Mendoza's sons, David and Irvin Mendoza, who are now both in their 20s.
West Covina officials announced plans to appeal the decision the following year, said attorney Samuel Ogbogu, who is representing the Mendoza family.
In their May 8 ruling, the three appellate judges rejected the appeal and affirmed the judgment, finding that Macias had used excessive force and "did not fulfill his duty to ensure that Mendoza was able to breathe while he was being pinned and handcuffed."
Ogbogu praised the decision.
"It is great for the family," Ogbogu said. "This is an ordeal that's been five years in the making. The kids have been waiting for this news since the jury gave the verdict back in 2009."
The attorney said he and his clients believed prior to the appellate decision that the justices would rule in their favor.
"Problem is, the Taser was just one amount of force. (David Mendoza) was also asphyxiated," the lawyer said. "Four or five officers were on top of him, with him lying prone on the ground, basically preventing him from breathing."
Furthermore, according to the attorney, police had no right to use force to make Mendoza receive medical treatment.
"Why Tase him to compel him to receive treatment?" Ogbogu asked.
West Covina city officials still have the option to appeal the decision to the California Supreme Court, though Ogbogu said he believed the chances of the Supreme Court hearing the case were slim.
Wills said the city and its legal team will in the near future begin discussing whether to appeal the case further.
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