New year, new state laws face California drivers, workers, families

January 6, 2021 | 5:00 am


The New Year means new rules for Californians, including for drivers.

New state laws for 2021 include those aiming to crack down even more on distracted driving, protecting crews working on the side of the road, and preventing those who break into a car to rescue a child from facing charges, among others. Read on to learn more about these new laws.

License Points for Distracted Driving (AB 47): Drivers who violate the hands-free law by using a handheld cell phone while driving for a second time within 36 months will have a point added to their driver’s record. It is currently punishable by a fine. This applies to the violations of talking or texting while driving (except for hands-free use) and to any use of these devices while driving by a person under 18 years of age. (Begins July 1)

“Move Over, Slow Down” Amendments (AB 2285): Drivers coming up on a stationary emergency vehicle displaying emergency lights — applying to local streets and road now, and not just freeways — will be required to move to another lane if possible or slow to a reasonable speed. It also applies to tow trucks and Caltrans vehicles. This extends the state’s “Move Over, Slow Down” law that went into effect in 2020, which allows authorized emergency vehicles to use a “Hi-Lo” warning sound, different from a siren, to let the public know they need to evacuate an area in an emergency. Learn more about work zone safety awareness at bit.ly/workzoneaware. (Begins Jan. 1)

Unattended Children in Motor Vehicles (AB 2717): A person damages a vehicle while rescuing a child from a vehicle from heat, cold, lack of ventilation or other dangers will be exempt from civil or criminal liability or trespassing. The law only applies if the child is 6 years old or younger under dangerous conditions “that reasonably could cause suffering, disability, or death.” The steps that should be taken include calling 911, ensuring the vehicle is locked and there is no other way to enter the car without forced entry, and having a “good faith belief” that rescuing the child is necessary due to imminent potential harm. (Begins Jan. 1)

Real ID Deadline (AB 1480): The deadline to get a Real ID driver’s license or state ID card is Oct. 1, 2021, according to the California DMV. If you want to continue using your driver’s license or ID card to “board domestic flights within the U.S.” and “enter secure federal facilities,” it is recommended that you apply. People must complete the online application and bring required documents before visiting a field office.

 

OTHER NON-VEHICLE LAWS FOR 2021

Minimum Wage : As part of California’s continued incremental raising of the minimum wage, it will go up to $14 per hour on Jan. 1 for employers with 26 or more employees. Businesses with 25 or fewer employers must increase minimum wage to $13 per hour. Minimum wage may be higher where you live already based on local laws.

Use of Force: The law requires law enforcement policies to require officers to immediately report potential excessive force, and to intercede when present and observing an officer using excessive force. The bill would also prohibit retaliation against officers who report violations of law or regulation of another officer to a supervisor. Another law (AB 1196) prohibits police from using chokeholds and carotid holds after a number of high-profile deaths in police custody around the nation. Learn more about Kern County’s ongoing issue with excessive force at bit.ly/kernprotests.

Sheriff Oversight: This law authorizes counties to establish sheriff oversight boards and an office of inspector general and empowers them to issue subpoenas “when deemed necessary to investigate a matter within their jurisdiction.” Click here to learn more about the settlement between the California Department of Justice and Kern County Sheriff’s Office after an investigation into civil rights violations and excessive force allegations, some of which stem from Chain | Cohn | Stiles cases.

Employment Safety (AB 685): Employers must inform employees and take measures if COVID-19 exposure occurs. The employer will be required to provide written notice of exposure to employees on the worksite premises, as well as provide information about COVID-related benefits to exposed workers. The employer must also report the exposure to their local public health agency within 48 hours. Learn more about worker safety issues, and benefits available to workers who contract COVID-19 at work, by clicking here.

Family and Medical Leave (SB 1383): People who directly employ five or more employees will be required to provide unpaid family and medical leave to those who qualify. It also will allow employees to take protected leave to care for an expanded set of family members.

Prisoner Gender Identity: The California Department of Corrections and Rehabilitation will be required by law to ask all inmates for their gender identity, and to recognize and address inmates by their gender pronoun in all communications. The law also stipulates that transgender inmates must be housed at a facility matching their gender identity, unless the department can provide “a specific and articulable basis” for denying that housing due to security or management concerns. Under the law, transgender, non-binary and intersex inmates must be searched by an officer whose gender identity matches that of the inmate, or by an officer whose gender matches the designation of the facility housing the inmate if the inmate’s gender identity cannot be determined.

———

Department of Justice settles with Kern County Sheriff’s Office over civil rights violations, Chain | Cohn | Stiles cases

December 30, 2020 | 5:00 am


A settlement has been reached between the California Department of Justice and local law enforcement departments after an investigation into civil rights violations and excessive force allegations, some of which stem from Chain | Cohn | Stiles cases.

The settlement agreement requires the Kern County Sheriff’s Office to enact an extensive list of reforms over the next five years aimed at ensuring the department protects citizens’ constitutional rights and treats individuals with respect and dignity, according to The Bakersfield Californian reports. To see the list, please scroll to the bottom.

The four-year investigation determined KCSO had engaged in a pattern of constitutional violations involving improper use of force, unreasonable searches and seizures and inadequate management. The Department of Justice also alleged the Sheriff’s Department violated state law in its use of deadly force and its handling of civilian complaints. The settlement requires more than a dozen changes to the Sheriff’s Office over the next five years, with an independent monitor to ensure those changes take place.

While the investigation shined yet another light on the ongoing civil rights violations by local law enforcement, it’s hard to imagine the settlement will lead to real change, Chain | Cohn | Stiles managing partner David Cohn told media. The law firm has filed numerous wrongful death, excessive force, and civil rights lawsuits against local law enforcement department resulting in tens of millions of dollars in damages for clients.

“I don’t think it means anything,” Cohn told The Bakersfield Californian. “I don’t think it’s going to have any meaningful impact with respect to how the Kern County Sheriff’s Department handles excessive force issues within the department … Do you see any of the political leaders, do you see any of the supervisors saying to the sheriff, ‘we want meaningful reform, we are tired of paying out on these claims? It’s business as usual. Nothing is going to change.”

The local office of the American Civil Liberties Union Foundation also commented as follows: “This is not going to be an overnight, ‘we’ve entered into this consent decree and now all of a sudden things are going to be better in the next year or two.’ There is going to be this long road ahead to ensure we are going to see the change we want to see.”

 

INVESTIGATIONS

More than five years The Guardian — a renowned British national daily newspaper that also covers issues in the United States — unveiled its five-part series that examined the use of deadly force, rough justice, sexual misconduct cases and other issues involving “America’s deadliest police” of Kern County. Among the cases highlighted were many of those involving wrongful deathpolice misconduct, sexual misconduct and civil rights cases over the years prior handled by the attorneys at Chain | Cohn | Stiles.

“Police in Kern County, California, have killed more people per capita than in any other American county in 2015,” according to The Guardian’s report. “The Guardian examines how, with little oversight, officers here became the country’s most lethal.”

The Guardian’s series was part of a project called The Counted, highlighting the number of people killed by police and other law enforcement agencies in the United States throughout 2015, “to monitor their demographics and to tell the stories of how they died.” Why was this necessary? According to The Guardian, the U.S. government had no comprehensive record of the number of people killed by law enforcement at the time, and still doesn’t. And this lack of basic data has been glaring amid the protests, riots and worldwide debate set in motion by fatal police shootings.

Why focus on Kern County? The series tackled the issue of how police officers in Kern County are reportedly responsible for killing more local residents per capita than in any other county in the country — about 1.5 people per 100,000 residents.

Among the cases highlighted by the publication included:

  • David Sal Silva, who was killed on the night of May 7, 2013. Silva was asleep in front of a home in east Bakersfield, across from Kern Medical Center when several law enforcement officers arrived on scene and proceeded to use unreasonable and excessive force in striking Silva with batons several times all over his body, while he screamed for his life and repeatedly begged the officers to stop. After being repeatedly beaten, bitten and hog-tied, Silva stopped breathing. Shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead. Chain | Cohn | Stiles filed a civil rights lawsuit in connection with the wrongful death of David Silva. On May 4, 2016, a settlement was reached for $3.4 million.
  • David Garcia, who was shot to death in January 2015 by Kern County Sheriff’s deputies while leaving his house unarmed. Deputies were called to the house to assist on a suicide attempt call. A settlement was reached in 2018.
  • James Moore was beaten to death by several deputies from the Kern County Sheriff’s Department while housed in central receiving downtown Bakersfield jail. On behalf of his family, Chain | Cohn | Stiles filed suit. Three deputies were prosecuted by the Kern County District Attorney’s Office for their roles in James’ death. The case settled for $6 million.
  • The series also highlighted three deputy-involved fatal crashes. In all three, Chain | Cohn | Stiles has filed claims and lawsuits on behalf of their families. Ultimately, the lawsuits led to reformed driving practices on the part of KCSO deputies. Those cases include:
    • Daniel Hiler and Chrystal Jolley, who were killed in December 2011, when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. The case settled in March for $8.8 million.
    • Nancy Garrett, who was killed in September 2014 in Oildale when a Kern County Sheriff’s Office patrol car operated by Deputy Nicholas Clerico struck and killed her. The California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) found Deputy Clerico at fault in the crash, and the CHP report recommended that a vehicular manslaughter charge be filed against the deputy.
    • Larry Maharrey, who was killed when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive in Oildale directly into Maharrey’s motorcycle. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash. The family, represented by Chain | Cohn | Stiles, and County of Kern settled the lawsuit for $3.8 million.

Then in 2016, the California Attorney General’s Office and the FBI launched investigations into Kern County Sheriff’s Office and the Bakersfield Police Department.

But this wasn’t the first time a Bakersfield police department had been investigated for an alleged pattern of excessive force. In 2003, the U.S. Department of Justice launched what would become a four-and-a-half year investigation after receiving numerous complaints of deadly and non-deadly excessive force and discriminatory policing methods. In April 2004, that department suggested policy changes in a 19-page letter to the department and Bakersfield Police Department began making those changes including some in its use-of-force and officer-involved shootings policies. In 2008, the federal department reviewed those changes and announced the BPD hadn’t stepped over any constitutional lines.

Still, claims and lawsuits against local law enforcement alleging misconduct, civil rights violations, and police brutality persist.

 

REFORMS

A list of reforms required under a settlement agreement between the California Department of Justice and the Kern County Sheriff’s Office are as follows:

  • Revise use of force policies to prohibit maneuvers that have a substantial risk of causing suffocation and require deputies to intervene when excessive use of force is taking place.
  • Modify canine policies and training from “find and bite” to “find and bark” and limit off-leash canine deployment only for armed suspects or those wanted for a serious felony.
  • Inform public about all officer-involved shootings and deaths in custody.
  • Require supervisors to investigate all uses of force.
  • Improve use of force training to include de-escalation techniques and bias.
  • Meet with community advisory panel to receive input.
  • Require deputies to state reason for an investigatory stop or detention as soon as possible.
  • Require deputies to state a valid reason under the law for a consent search and secure a supervisor’s approval for any search of a home.
  • Provide dispatchers with crisis intervention training and establish deputies who are preferred responders to individuals in a mental health crisis.
  • Ensure timely access to police services to all individuals regardless of ability to speak English.
  • Develop a recruitment plan for attracting workforce that reflects diversity in Kern County.
  • Broaden efforts to participate in community engagement efforts.
  • Conduct a biennial community survey measuring public satisfaction with policing.
  • Establish a clear definition for a civilian complaint.

———

If you or someone you know is injured by law enforcement, injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

———

MEDIA COVERAGE

THE GUARDIAN SERIES

Chain | Cohn | Stiles resolves Nancy Garrett wrongful death case, the last in a series of fatal crashes involving Kern County Sheriff’s personnel

July 8, 2020 | 6:00 am


Chain | Cohn | Stiles has resolved a wrongful death lawsuit on behalf of the family of 72-year-old Nancy Joyce Garrett, who was killed when a Kern County Sheriff’s Office deputy struck and killed her in September 2014 while in his patrol car.

The family settled the lawsuit against the County of Kern for $2.5 million. The resolution of this case represents the culmination of nearly a decade of work representing not only the family of Nancy Garrett, but the families of Daniel Hiler, Larry Maharrey and others who have been killed in crashes involving Kern County Sheriff’s Office personnel

“This case resulted in five years of protracted litigation in federal court,” Chain | Cohn | Stiles attorney Matt Clark told The Bakersfield Californian. “We are pleased with the outcome especially in light of the fact that the civil rights components of the case were fought at every turn … This case is an example of how the wheels of justice do in fact grind slowly. We appreciate that we had patient clients who believed in the civil rights aspects of the case to see if through to the end.”

For full media coverage of the case, see the listing below.

 

THE CRASH

The crash occurred on Sept. 28, 2014, at the intersection of North Chester Avenue and China Grade Loop in Oildale. The California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report found that Deputy Nicholas Clerico was at fault when he ran a red light at 85 mph and crashed into Garrett’s vehicle, on her driver’s side. She died from multiple blunt force trauma injuries.

“A reasonable person would have known that entering an intersection against a red traffic signal, at 85 mph, and without giving adequate warning to approaching traffic would create a danger to human life,” the CHP report stated.

The CHP report recommended that a vehicular manslaughter charge be filed against the deputy, and in 2017, he pleaded no contest to the charge and was sentenced to 240 hours of community service. He was no longer with the KCSO by the time he accepted the plea agreement.

Nancy was a friendly neighbor, a caregiver for our community, an active blogger, and the pillar of her family. She was a drug and alcohol counselor for the Kern County Mental Health Department, and also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provides DUI awareness services. At the time of the crash, she was returning home from a Los Angeles Dodgers baseball game she attended with her family and friends.

The lawsuit, filed in 2015 on behalf of Garrett’s adult children, Mark McGowan and Deborah Blanco, asked for monetary damages as well as changes within the sheriff’s department in how deputies were trained.

 

KCSO DRIVING

In the lawsuit, Garrett’s family through Chain | Cohn | Stiles asked for changes within the sheriff’s department in how deputies are trained properly throughout Bakersfield and other communities across Kern County. The county’s policies “were not adequate to train its deputies to handle the usual and recurring situations with which they must deal, including … driving at excessive speeds, pre-clearing intersections and responding Code 3. (Kern County) was deliberately indifferent to the obvious consequences of its failure to train its deputies adequately.”

In fact, Garrett’s death came in the midst of other tragic crashes involving a KCSO. In a four-year span, Kern County sheriff’s personnel crashed into and killed four innocent bystanders in Oildale, including Garrett.

  • Larry Maharrey was killed in July 2015 when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive in Oildale directly into Maharrey’s motorcycle. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash. The family, represented by Chain | Cohn | Stiles, and County of Kern settled the lawsuit for $3.8 million.
  • Daniel Hiler and Chrystal Jolley were killed in December 2011, when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. The case settled in March for $8.8 million.

 

BRINGING ABOUT CHANGE

The case was delayed due, in part, to the Central Valley’s federal district court instituting a “judicial emergency” order due to a shortage of judges. Federal Judge Dale A. Drozd of the U.S. Eastern District Court of California, the federal judicial district that includes Bakersfield and the southern Central Valley area, stated that the judicial emergency order “will seriously hinder the administration of justice” in the district.

In the end, Chain | Cohn | Stiles was able to resolve the case for the family, and helped bring about change.

“Over all else, the family of Nancy Garrett from the outset sought change in the driving practices within the Kern County Sheriff’s Office,” Clark told The Bakersfield Californian.

The family believes their lawsuit ultimately had a positive impact in the community, evidenced by the fact that in the five years of litigation they aren’t aware of any deadly traffic collisions involving sheriff’s deputies responding to calls, Clark said.

McGowan and Blanco told The Bakersfield Californian they continue to stand behind law officers and deputies as they work together with the community to maximize vehicle safety.

“Despite this litigation,” they said in the statement, “we support law enforcement and hope it prevents future crashes and tragedies on the part of our officers and our community members.”

Following the closure of the case, Mark McGowan posted a video regarding his experience with the case, and with Chain | Cohn | Stiles. You can view that video by clicking here.

=========

CRASH MEDIA COVERAGE

CLAIM MEDIA COVERAGE

PRESS CONFERENCE MEDIA COVERAGE

LAWSUIT MEDIA COVERAGE

‘JUDICIAL EMERGENCY’ MEDIA COVERAGE

SETTLEMENT MEDIA COVERAGE

Chain | Cohn | Stiles resolves wrongful death lawsuit on behalf of family of motorcyclist killed in crash with Sheriff’s deputy patrol car

May 9, 2018 | 9:34 am


Chain | Cohn | Stiles has reached a settlement with the County of Kern on behalf of the family of a motorcyclist who was killed in 2015 when a Kern County Sheriff’s patrol car abruptly made a turn against a red light directly into his path.

The crash involving 59-year-old Larry Maharrey garnered media attention as it was the fourth fatality in as many years involving a Sheriff’s Office patrol vehicle.

The parties agreed to a $3.8 million settlement in the wrongful death lawsuit.

“These are tragic cases where you have individuals who are completely innocent who were killed in traffic collisions. Those are the types of accidents that shouldn’t happen, especially involving officers who are trained to protect these very same people,” said Matt Clark, Chain | Cohn | Stiles attorney for the family.

Clark continued: “It’s incredibly unfortunate an innocent man died. Maharrey’s family is satisfied with the resolution, but it’s not like the resolution will bring him back.”

On July 14, 2015, Maharrey was driving his motorcycle eastbound on Norris Road in Oildale, when the deputy abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with the patrol vehicle, and died as a result of the crash.

The California Highway Patrol determined that Sgt. Marvin Gomez and Maharrey did not become visible to each other until 0.87 seconds before the collision because other vehicles blocked their view. CHP had recommended a misdemeanor vehicular manslaughter charge against Gomez, but the District Attorney’s office declined to file a criminal charge. Chain | Cohn | Stiles contends that Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light.

Maharrey’s death came at the heels of another wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of the family of Nancy Garrett, who was struck and killed by KCSO deputy Nicholas Clerico in 2014, also in the Oildale area. This case is ongoing. Less than four years before Maharrey’s death, Daniel Hiler and Chrystal Jolley were killed when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. The case, also represented by Chain | Cohn | Stiles, settled in March 2014 for $8.8 million.

For more than 20 years, Maharrey worked for Golden State Drilling as a diesel mechanic. At his vigil, friends and family described him as “a good man” who would do anything for anyone in need. He especially enjoyed fishing and, of course, riding his motorcycle.

MEDIA COVERAGE

ACLU report outlines civil rights violations in Kern County, highlights Chain | Cohn | Stiles cases

November 15, 2017 | 9:31 am


The American Civil Liberties Union of Southern California has published a report following a two-year study that concludes law enforcement agencies in Kern County – specifically the Bakersfield Police Department and Kern County Sheriff’s Office – have engaged in patterns of excessive force and systematically violated the civil rights of local residents.

ACLU calls on the two departments to reform their policies, re-train and re-orient line and supervisory officers “towards a culture that emphasizes the consistent use of tactical alternatives to force and consequences for the use of unreasonable, unnecessary, or disproportionate force, and establish rigorous and independent oversight institutions to ensure the departments remain accountable and responsive to the communities they serve.

Many of the excessive force, civil rights, and wrongful death cases outlined in the report are and were represented by the Bakersfield-based law firm Chain | Cohn | Stiles. In response to the report, the law firm released the following statement.

“We are encouraged, but not surprised, that the ACLU has determined that both Bakersfield Police Department and Kern County Sheriff’s Office have violated the rights of many individuals in this community. We have reached the same conclusion over the course of the many cases we’ve prosecuted against officers in both departments. In some cases, these officers have faced criminal prosecution, but in the vast majority they have not. In those cases where criminal prosecution is off the table, these departments vigorously defend the officers, find their conduct to be within policy, and instead direct their attention toward blaming the victims. We hope the Attorney General’s Office will take these findings into account as they continue to investigate both departments. The hope – at the end of the day – is that the Attorney General’s Office will take action against these departments that will spark institutional change and restore the community’s faith in law enforcement.”

Read the full report here.

California Attorney General Xavier Becerra is already carrying investigating patterns of excessive force and civil rights violations in the two departments. The reports and investigations follows a five-part series by The Guardian publication that found these Kern County departments killed people at a higher rate than any other U.S. agencies in 2015. The series uncovered a culture of violence, secrecy and corruption in the county’s two largest police departments. Among the cases highlighted were those involving wrongful death, police misconduct, sexual misconduct and civil rights cases handled by Chain | Cohn | Stiles.

———-

MEDIA COVERAGE

Wrongful death case involving speeding deputy continues after plea deal in criminal case

April 26, 2017 | 9:37 am


A former Kern County Sheriff’s deputy has pleaded “no contest” in connection with a crash that killed a 72-year-old Oildale woman in 2014, a crash also connected to a wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of her family.

Nicholas Clerico will receive three years probation, must pay a $570 fine and serve 240 hours of community service after pleading no contest on April 25 to a misdemeanor charge of vehicular manslaughter.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of the family of Nancy Joyce Garrett, who was killed when Clerico struck and killed her in his speeding patrol car. The filing came after the California Highway Patrol’s Multidisciplinary Accident Investigation Team (MAIT) report found Deputy Clerico at fault in the September 2014 crash, at the intersection of North Chester Avenue and China Grade Loop in Oildale.

Chain | Cohn | Stiles attorney Matt Clark, who is representing Garrett’s family in the case, commented to local media on Clerico’s plea and the ongoing wrongful death civil lawsuit.

“In talking with the family, they’re glad that (Clerico) has finally accepted some responsibility for what he did,” Clark told The Bakersfield Californian, adding that the family, however, has not received closure, and continues to mourn Garrett’s loss. “This was no accident. This was totally preventable.”

Family members have described Nancy as a friendly neighbor, a caregiver for our community, an active blogger, and the pillar of her family. She was a drug and alcohol counselor for the Kern County Mental Health Department, and also volunteered her time as a substance abuse counselor for STEPS, a local nonprofit that provides DUI awareness services. At the time of the crash, she was returning home from a Los Angeles Dodgers baseball game she attended with her family and friends.

Garrett’s family is seeking changes within the sheriff’s department in how deputies are trained to drive. Her death, unfortunately, is not the only one related to driving by Kern County Sheriff’s deputies.

  • Larry Maharrey was killed when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive in Oildale directly into Maharrey’s motorcycle. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash. That wrongful death case represented by Chain | Cohn | Stiles, is ongoing.
  • Daniel Hiler and Chrystal Jolley were killed in December 2011 when Kern County sheriff’s deputy John Swearengin struck and killed them as they pushed a motorcycle across Norris Road. Swearengin was traveling at more than 80 mph in a 45-mph zone, without activating his emergency lights or siren. Chain | Cohn | Stiles settled that case in March 2014 for $8.8 million.

UPDATE – 2020: The wrongful death case on behalf of the family of Nancy Joyce Garrett has resolved.

———

PLEA DEAL MEDIA COVERAGE

PAST CASE MEDIA COVERAGE

Chain | Cohn | Stiles responds to Kern County DA’s office decision to not file charges in wrongful death case

March 16, 2016 | 7:55 am


The attorneys at Chain | Cohn | Stiles responded to the recent decision by the Kern County District Attorney’s Office to not pursue criminal charges against the deputy involved in the fatal crash in Bakersfield that killed motorcyclist Larry Maharrey.

Chain | Cohn | Stiles has filed a wrongful death claim related to the crash. On July 14, Larry Maharrey was driving his motorcycle eastbound on Norris Road, when Kern County Sheriff’s Deputy Marvin Gomez abruptly made a left turn against a red light onto Airport Drive directly into Maharrey’s path. Maharrey was unable to avoid the collision with Deputy Gomez’s patrol vehicle, and died as a result of the crash.

Deputy Gomez violated KCSO policies and procedures by failing to pre-clear the intersection before turning left against a red light. And the California Highway Patrol Multidisciplinary Accident Investigation Team suggested a vehicular manslaughter charge against Gomez.

The widow of Larry Maharrey, Paula Maharrey, as well as Chain | Cohn | Stiles attorney Matthew Clark, shared their statements with local media regarding the District Attorney’s Office decision to not file charges against Sgt. Gomez in the fatal crash:

PAULA MAHARREY, WIDOW

“I’m very disappointed by the District Attorney’s refusal to prosecute Sgt. Gomez. My family is upset by the fact that the District Attorney and Sgt. Gomez are both employees of the County of Kern. It appears that one county agency is defending another, and it screams of a conflict of interest. We wish that an independent investigating agency such as the state Attorney General’s Office would look into this matter. We are also saddened by the fact that the needless loss of my husband’s life will do nothing to discourage this kind of reckless driving in the future.”

MATTHEW CLARK, ATTORNEY

“I, like my clients, are very disappointed in the Office of the District Attorney’s decision not to prosecute Sgt. Gomez. We’ve had four innocent lives lost in the county in the last four years due to the reckless driving exhibited by some employees of Kern County Sheriff’s Department. This is the most offensive kind of loss of life in light of the fact that people are being killed by those very officers who have taken on a duty to protect them.

“In an approximately 250-page report, the CHP Multidisciplinary Accident Investigation Team concluded that Sgt. Gomez’s conduct substantiated a violation of California Penal Code Section 192 (c) (2) – Misdemeanor Vehicular Manslaughter. The District Attorney’s decision not to prosecute appears to be in conflict of interest given the fact that the District Attorney and Sgt. Gomez are both employees of the County of Kern.

Without question, Sgt. Gomez conduct in this case was in violation of Kern County Sheriff’s Office policy regarding emergency driving in that he failed to pre-clear the lanes of the intersection. His failure to do so killed Larry Maharrey. The failure to prosecute sends the wrong message to law enforcement, suggesting that they are above the law.”

MEDIA COVERAGE

PREVIOUS MEDIA COVERAGE

Chain | Cohn | Stiles settles K-9 dog bite case against County of Kern for record $2 million

January 13, 2016 | 8:49 am


Chain | Cohn | Stiles has settled a lawsuit on behalf of a Bakersfield woman for $2 million in what is the largest award for a dog bite case against a public entity in California, according to VerdictSearch, a verdict and settlement database.

On July 21, 2013, Erin Casey (21 years old at the time) was attacked by a K-9 dog accompanying a Kern County Sheriff’s deputy while outside of a restaurant in north Bakersfield. Responding to a domestic dispute, the deputy exited his patrol vehicle and began walking toward Casey. At that time, the K-9 exited the patrol car, ran toward Casey and began biting her for 60 to 90 seconds. Casey suffered several major bite wounds to her leg.

Investigation found that the K-9 escaped from its holding kennel in the back of the patrol car due to a mechanical defect inside of the car. The deputy agreed that the K-9 should not have been let out of the patrol car. In addition, the K-9 failed to respond to commands from the deputy to cease attacking.

Chain | Cohn | Stiles filed a lawsuit against the County of Kern shortly after the incident on behalf of Casey.  The parties recently agreed on a settlement for $2 million, a record amount against a public entity in California for a dog bite case, VerdictSearch records show.

Casey was represented by attorneys Matt Clark from Chain | Cohn | Stiles.

“Law enforcement K-9s are capable of inflicting serious injuries, including death, which is why it is imperative that they only be released when necessary, and in accordance with departmental protocols,” said Clark, lead attorney on the case. “Also, when they are released, they must be under the control of their handler. In this instance, everyone agreed that the K-9 should not have been released, and once it latched onto Ms. Casey, the deputy failed to control his dog. As a result of this mistake, Ms. Casey sustained severe, life-altering injuries.

Clark added: “We believe this settlement fairly compensates Ms. Casey for her loss.”

If you or someone you know has been attacked by a dog, contact the dog bite attorneys at Chain | Cohn | Stiles for a free consultation at (661) 323-4000, or visit the website chainlaw.com.

————-

MEDIA COVERAGE