Trial Magazine

Nicholas Robertson, 27, was walking toward a gas station while carrying an unloaded handgun. County sheriff’s deputies Jasen Tapia and Richard Ochoa-Garcia confronted Robertson and then opened fire, shooting him 33 times. Robertson died of his wounds. He is survived by his wife and three minor children.

Robertson’s estate and children sued Tapia and Ochoa-Garcia, alleging negligence and use of excessive force. The plaintiffs asserted that the officers should have reassessed the situation after firing a few rounds, according to their training.

The plaintiffs did not claim lost income.

The defendants argued that Robertson had pointed a weapon at them before they began firing and that they had acted in self-defense.

The jury awarded $3.6 million, finding the defendants and Robertson equally at fault. The county, which had a duty to indemnify, later settled with the plaintiffs for $2.1 million.

Citation: Robertson v. Cnty. of Los Angeles, No. 2:16CV02761 (C.D. Cal. Dec. 4, 2017).

Plaintiff counsel: Brian T. Dunn and Megan Gyongyos, both of Los Angeles.