Wrongful death suit continues four years later

The latest — and ostensibly the last — suit began yesterday in a San Francisco federal court.

In March 2005, the ongoing federal suit in Escobedo’s death appeared finished. Without admitting any wrongdoing on the part of police, Redwood City agreed to put $250,000 in a trust for Escobedo’s two children.

One of the teenage children later balked at the settlement but a judge upheld the agreement, according to family attorney Mark Martel.

The new civil rights suit on behalf of Escobedo claims excessive force and deprivation of life.

Escobedo, known as "Ricky,” died Nov. 17, 2002 after officers responded to a domestic dispute at his ex-girlfriend’s Woodside Road apartment. The official cause of death was a heart attack due to "excited delirium” after the scuffle which included pepper spray, nunchucks and a straight jacket-like wrap, according to the report by Coroner Robert Foucrault. The report also noted traces of methamphetamine in his system.

Both internal affairs and District Attorney Jim Fox cleared the officers of any criminal wrongdoing. However, Escobedo’s family said the amount of force used by the police broke seven ribs and damaged his trachea, leaving him unable to breathe. They unsuccessfully filed claims against the city and battled to have the case re-opened.

The lawsuit argued that the officers never tried diffusing the situation before resorting to brute force in subduing Escobedo. The suit also maintained that the officers failed to provide swift medical care.

Ironically, just as jury selection got underway in the Escobedo case early this week, the Redwood City police were accused of improperly macing and wrestling Doug Burns, the reigning Mr. Natural Universe, after mistaking insulin shock for intoxication. The case struck a chord with the Escobedo family who have never swayed from their belief officers were out of line four years ago.

"I do not believe these cases are random but instead indicative of the kind of "Rambo” style policing that goes on in Redwood City,” said his sister Lupita Escobedo. "This was the same attitude presented, reported and used to justify the brutal and senseless killing of my brother.”

Police first encountered Escobedo around 5:20 p.m. when they received a call at 531 Woodside Road. Escobedo was found on the balcony of his ex-girlfriend’s apartment and she had called 911 to say he was trying to get inside. The couple and their 8-year-old son had lived at the apartment for eight years until Escobedo moved out in January of that year.

During a pat down, Escobedo became aggressive, according to Redwood City police. A 20-minute struggle ensued on the balcony and after a bout involving pepper spray, the officers carried the 5-foot-6-inch, 200-pound man to a patrol car in an underground garage. Paramedics were called to treat Escobedo’s injuries but could not find a pulse when they arrived.

The officers involved in the incident were cleared of any criminal wrongdoing by the district attorney and released back to duty Dec. 6.

Without the option of pursuing criminal charges against the officers, the civil suit was the only option left to hold somebody accountable for the death. The threshold of reasonable doubt is substantially lower for a civil settlement, making it more likely the family might have prevailed there than in a criminal court.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.