Lawsuit Says Latino Man Posed No Threat When Sacramento Police Shot Him 20 Times. Video Shows Adan Martinez Slowly Drove Around Cops as They Opened Fire w/o Warning
/From [HERE] A new federal lawsuit accuses Sacramento police officers of using excessive force in shooting at an unarmed man more than 20 times earlier this year.
In February, Adan Martinez was alerted to come to the house of his children’s mother because his vehicle was on fire and his belongings were being burned, the lawsuit alleged. When he arrived, he found the car in ashes and police waiting for him, and he drove away, the lawsuit alleged.
A police chase took place. In the videos Martinez can be seen in the Police dash cam video being pursued by Sacramento Police Officers while he tried to drive within the vehicle code by signaling his turns, and stopping at stop signs as much as practicable with Officers behind him trying to ram his vehicle. After a few miles of being chased by Sacramento Police Offices Martinez pulled into a parking lot of an industrial complex and was cornered by officers who rammed into the back of his car.
According to the complaint;
“With his windows rolled all the way up began a slow and safe 3-point turn in the corner of the industrial complex and attempted to slowly drive around the officers that were parked and outside of their vehicles pointing high powered firearms at the Plaintiff. When he attempted to drive around the vehicles the Sacramento Police Officers fired more than 20 shots into the front and side windshield of the mini-van causing 9 or more shots to strike him in the shoulder, arm, chest, stomach, pelvic area, hand and wrist. As Martinez lay in the vehicle bleeding to death another round of assault weapons were fired at him busting out the glass in all his windows and causing glass fragments to be absorbed into his bullet wounds making his condition worsen.”
He was unarmed. Police did not give any warning that deadly force would be used.
Martinez was transported to the hospital where he underwent surgeries to remove the bullets and glass fragments, and has lost the use of his left hand, the lawsuit alleged.
According to a police account of that night, a woman called 911 to report her ex-boyfriend, against whom she had a restraining order, had burned their vehicle, threatened to kill her and was possibly armed. As officers were talking to the victim, they observed the suspect, later identified as Martinez, drive by in a minivan, according to police.
Martinez was later charged with false imprisonment, arson, fleeing from a police officer, drug possession, stalking and violating a restraining order, according to Sacramento County Superior Court records. He pleaded no contest to false imprisonment and fleeing from a police officer. The rest of the charges were dismissed.
The lawsuit alleges Martinez did not pose an immediate threat of death or serious bodily injury and never verbally threatened anyone prior to the shooting.
The lawsuit, filed Monday in federal court, names the city and officers Eric Toomey and Nicholas Caro as defendants. It claims unreasonable or excessive force, unreasonable search and seizure, failure to train, false arrest, battery, and negligence. It requests more than $10 million in damages.