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Two Modesto police officers bear no liability in the death of Sammy Galvan, who was shot eight times when the authorities responded to a domestic dispute in his home 3½ years ago, a federal jury said Friday.
Jurors deliberated for less than one day, then unanimously returned a verdict in favor of the city as the five-day trial wound to a close in U.S. District Court in Fresno. Because of its no-fault finding, the panel did not consider the question of damages for Galvan's parents, who sought $3 million.
Susan and Ramon Galvan alleged in their wrongful death lawsuit that the officers used excessive force when they confronted their 22-year-old son, who was lying on his bed when police shined their flashlights into a darkened cottage behind his parents' home on West Roseburg Avenue. The assault and battery charges against the Modesto Police Department, for their treatment of Sammy’s father, were also dismissed.
In his final arguments, Modesto Deputy City Attorney James Wilson told the jury his version of what happened at the Galvan home on August 22, 2004. Wilson said that police work “routinely involves stupefying hours of boredom punctuated by moments of sheer terror.” He used that framework to set the scene of a domestic disturbance call gone horribly wrong. Wilson said that when the police were called by Susan Galvan, Sammy’s mother, officers Lyndon Yates and Mirl Morse were dispatched to the scene.
According to Wilson, when officers Yates and Morse arrived at the backyard cottage that Sammy lived in, they shined their flashlights through the open front door. They saw Sammy laying on his bed (it was 1 AM in the morning) and when the lights hit him he stood up. The officers said he had a knife in each hand and began to move towards them in an aggressive manner. Wilson said Sammy was told to “drop the knife” and seconds later officers Yates and Morse fired eight rounds. Four out of eight 45 caliber hollow point bullets hit and killed Sammy Galvan.
Attorneys for the Galvan family argued that things did not happen as the defense claimed. Walter Riley, in his closing statement, said the shooting was “not a lawful use of force.” Riley argued that Sammy Galvan did not present an immediate threat to the officers and they should have used less than lethal force to deal with the situation.