Los Angeles Times

Slain man’s family wins suit

Federal jury awards $3.5 million to parents of Ruben Herrera, shot by police in 2015.

- By Corina Knoll corina.knoll@latimes.com Times staff writers Kate Mather and Doug Smith contribute­d to this report.

federal jury awarded $3.5 million on Friday to the parents of a mentally ill man who was fatally shot by a Los Angeles police officer at Harbor-UCLA Medical Center, according to the family’s attorney.

Ruben Herrera, 26, had been taken to the emergency room in December 2015 by officers after they used a Taser and a carotid restraint — in which pressure is applied to the sides of the neck — on him, authoritie­s said at the time.

They had encountere­d Herrera that morning after responding to a report of a man throwing bottles at an apartment complex in the Harbor Gateway neighborho­od.

After Herrera was treated at the hospital, he attacked the officers and reached for their guns, authorA ities said. Officer Alejandro Downey then shot Herrera, who died at the scene.

The lawsuit filed by Graciela Herrera and Ruben Ordaz, however, said their son posed no threat and that the officers used excessive force when they first responded to the incident.

It also said that officers were told upon arrival that Ruben Herrera had been diagnosed with bipolar disorder.

Dale Galipo, the parents’ attorney, said there that were no fingerprin­ts to establish Herrera had touched the officers’ holsters, belts or guns, and that a medical examiner testified that the exit wound of the bullet showed Herrera was shot in the back while on the floor.

Galipo said the jury deliberate­d for two hours before unanimousl­y deciding on the damages for wrongful death.

The deputy city attorneys handling the case could not be reached for comment.

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