Redwood City Facing Wrongful Death Suits Involving Latino Men Killed in Custody of Police
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A year after Redwood City settled a wrongful death lawsuit with the family of Ricardo Escobedo, the 29-year-old resident who died after a scuffle with eight officers, a different civil rights complaint on behalf of the man himself remains unresolved. The estate of Ricardo Escobedo and Redwood City are scheduled for trial in January, said attorney Mark Martel who said there are no plans to settle the suit for anything close to the $250,000 handed to the deceased man’s two children. “For the family, the most important thing is that the officers in the city are held liable. In a civil suit, all you can get is money damages,” Martel said. 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. Now, a suit on behalf of Escobedo claiming excessive force and deprivation of life is still unresolved, he said. “I don’t see this settling. The wrongful death claim was a very low amount and I don’t see the representatives of his estate even considering settling for that,” Martel said. 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. 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.
Fernando Cazares also Killed by Redwood City Police A similar search for justice is also under way by the estate of Fernando Cazares, a 36-year-old Redwood City man who died while being arrested by sheriff’s deputies more than a year ago. His family is suing San Mateo County for wrongful death after a $2.75 million claim was denied. Martel represents the family in that case, too.Cazares died while being taken into custody just outside city boundaries. Cazares was pronounced dead an hour after deputies were dispatched to the 300 block of Second Avenue in unincorporated Redwood City. Ana Cazares, the deceased’s sister, hysterically told the dispatcher that her brother was a crazy person who was on drugs. His mother, Maria, later told investigators she was afraid of her son, who arrived home at 1 a.m. acting strangely. Both women also claimed to have struck Cazares over the head with a beer bottle. His family’s lawsuit, however, argues that Cazares was hit four times on the head with a flashlight or baton. The two officers first on scene admitted striking him with flashlights but the force was deemed acceptable. The autopsy showed no head injuries or brain swelling consistent with the repeated strikes neighbors recalled. During the investigation of Cazares’ death, three deputies cooperated while two declined to be interviewed.The county denied the claim about six months ago, said County Counsel Tom Casey.
