From [HERE] A federal jury deliberated about 2 1/2 hours Thursday before ruling in favor of four Fort Wayne police supervisors in connection to the July 2005 fatal shooting of Rudy Escobedo.
The jury essentially ruled the supervisors’ actions did not constitute excessive force and that Escobedo’s constitutional rights were not violated.
The trial, which began Feb. 8 with jury selection, wrapped up Thursday with both sides telling the jurors how each believed they had proved their cases.
The jury was charged with determining whether the four police supervisors violated Escobedo’s civil rights when they decided to cut off negotiations and enter his Berry Street apartment, a move that ended in police fatally shooting Escobedo.
On Wednesday, the defense again asked U.S. District Judge Theresa Springmann to dismiss the case and Springmann on Thursday told the defense she will keep its argument under advisement until a jury reaches a verdict.
Earlier this week, Springmann removed the four members of the Fort Wayne Police Department’s Emergency Services Team from the lawsuit. All that remained at that point were the incident commanders: Deputy Chief Martin Bender, retired Deputy Chief Doug Lucker, Lt. Kevin Hunter and Lt. Kevin Zelt.
Escobedo, 28, holed up in his downtown apartment, high on cocaine and armed with a gun, called 911 about 4:30 a.m. July 19, 2005. He told the dispatcher he was going to shoot himself and was convinced police were already inside his apartment and was afraid they would shoot him.
A negotiator took over the phone conversation at 5:42 a.m., continuing until 8:33 a.m. when the Emergency Services Team fired tear gas into the apartment. Using more tear gas and flash-bang grenades, they stormed into the living room.
They had to break down the barricade behind Escobedo’s bedroom door and eventually found him on the floor in a small closet, a 9 mm semiautomatic handgun in his hand. Officers pleaded with him to put the gun down. As he moved the gun, pointing it toward police, they fired, killing him.
The family sued the police officers and the city of Fort Wayne. They alleged police violated Escobedo’s constitutional rights by using excessive force and causing his death. In 2008, U.S. District Judge Theresa Springmann dismissed the wrongful-death claims against the city of Fort Wayne, the police department and some of the officers.