‘America’s deadliest police’ title hangs over Kern County as protests continue against law enforcement brutality

June 10, 2020 | 6:00 am


As protests against police brutality continue throughout Kern County, the United States, and the world, Chain | Cohn | Stiles would like to revisit this issue that has been brought up time and time again in our own community.

In fact, it was five years ago that 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. That investigation is ongoing.

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. In 2017, the American Civil Liberties Union of Southern California published a report following a two-year study that concluded 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 called 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.

California Assembly Bill 392, which was signed into law and became effective Jan. 1, 2020, modified the conditions under which a police officer can legally use deadly force from times when it’s “reasonable” to when it’s “necessary.” Civil rights advocates say “the spirit of the measure – encouraging de-escalation and crisis-intervention methods – clearly attempts to induce greater restraint from officers, likely making it the strictest such law in the land,” according to a report by USA Today.

UPDATE – JUNE 11, 2020: The Bakersfield Police Department and Kern County Sheriff’s Office announced that the use of the carotid restraint control hold has been suspended pending further review, according to The Bakersfield Californian. The controversial choke hold restricts blood flow to the brain, causing the restrained person to lose consciousness. The announcement came as protests around the country have sprung up following the in-custody death of George Floyd on Memorial Day in Minneapolis. It was also the hold that was attributed to the death of James Moore, described above.

UPDATE – JUNE 16, 2020: KGET-17 News took a look at “qualified immunity” involving police officers and how it looks for local law enforcement. Reporter Karen Hua interviewed partner and attorney Matt Clark with Chain | Cohn | Stiles regarding civil rights, wrongful death, and police misconduct cases in Kern County, and how qualified immunity plays a part. Click here to view the news story.

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THE GUARDIAN SERIES

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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.

Wrongful death, civil rights, elder abuse cases among notable cases resolved by Chain | Cohn | Stiles in 2018

December 26, 2018 | 6:00 am


As 2018 comes to a close, Kern County’s leading accident, injury and workers’ compensation law firm Chain | Cohn | Stiles takes a look back at noteworthy resolved cases, some of which you may have seen in local media.

 

Wrongful Death: $3.4 Million

In April, Chain | Cohn | Stiles 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.

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.

In another case involving law enforcement, Chain | Cohn | Stiles resolved in 2018 a wrongful death case on behalf of the family of Donald Hill, a 30-year-old Central Valley man who died in December after being restrained by police officers.

Hill, a civilian employee at Naval Base San Diego, died on Dec. 31, 2016 while he was being restrained by Lemoore police officers near the 1100 block of Pine Court. A “spit hood” was placed over Hill’s head, he was restrained chest down with weight on his back, and he vomited and stopped breathing. After he became unresponsive, he was transported to Adventist Medical Center in Hanford, where he was pronounced dead.

 

Trucking Accidents: $3 Million

Jesus Garcia-Santana was travelling on Highway 101 just north of Paso Robles to his son’s home in Bakersfield when his car became inoperable. He pulled to the side of the road, exited his car, opened the hood, and called for assistance. He then sat in his car on the passenger side, and waited for help. As he waited, a Stevens Trucking tractor pulling two trailers full of carrots veered onto the shoulder and struck Garcia-Santana’s car. As a result, Garcia-Santana suffered significant life-threatening injuries.

Chain | Cohn | Stiles has filed negligence claim, alleging that the truck driver was not paying attention, not scanning the road ahead of him, when he overreacted to a car changing lanes in front of him. In November, the case settled for $3 million.

In another big-rig accident case that settled for $3 million in 2018 (Medeiros v. Triple T Trucking, Inc.), our plaintiffs were in a pickup truck on Highway 99 that slowed to a stop due to a lane closure, and was rear-ended.

 

Motorcycle Accident: $3.4 Million

Jason Travis Harvey, 42, was riding his motorcycle near Wible and Planz Roads in southwest Bakersfield when a California Water Service pulled out in front of Harvey, and the motorcycle his the side of the pickup. He was rushed to the hospital where he later died.

Chain | Cohn | Stiles resolved the motorcycle accident, wrongful death case for $2.4 million.

 

Premises Liability: $2.3 Million

Russell Lester and Bryan Walls were attending a party on Fourth of July 2014 in west Bakersfield, celebrating our nation’s independence and wedding reception. By the end of the night, they were in local hospitals.

The two arrived at the party where party-goers were allegedly setting off illegal fireworks and explosives. Lester and Walls were asked to hold the balloons while they were filled with acetylene gas, which is very unstable, highly flammable gas. The balloons were being taped to a pole when they exploded. It’s possible static electricity ignited them.

Four people were severely injured in the blast, including Lester and Walls. The two suffered burns to their face, chest and arms. Lester lost all the hearing in his right ear and partial hearing in his left ear, and lost peripheral vision in his left eye. Walls suffered hearing loss, too, and Lester’s burns were so severe that he was taken to a Fresno burn center.

In June 2018, Chain | Cohn | Stiles resolved the premises liability case for $2.3 million.

 

Elder Abuse / Neglect

Chain | Cohn | Stiles resolved several elder abuse and neglect cases, including one case that received media attention.

Chain | Cohn | Stiles filed a lawsuit against Valley Convalescent Hospital in Bakersfield on behalf of the family of an 80-year-old patient who died as a result of neglect at the facility. Robert Hopkins fell from his bed in February while housed at the facility after a nursing assistant failed to ensure a guard rail was properly set. He suffered a fracture in his vertebrae below the skull, spent a week in the hospital, returned to Valley Convalescent Hospital on Feb. 28, and died the following day.

The California Department of Public Health determined Hopkins’ death was a result of his fall. The Department fined the facility $100,000 and it received the most severe penalty under California law (Class AA Citation). Chain | Cohn | Stiles filed an elder neglect and wrongful death lawsuit on behalf of Hopkins’ family.

The case resolved in June for $450,000.

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If you or someone you know is injured in an accident, contact the accident and injury lawyers at Chain | Cohn | Stiles by calling (661) 323-4000, or chat with us online at chainlaw.com.

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

Kern County Sheriff’s comments from leaked video on cost of deadly force causes controversy

April 18, 2018 | 9:53 am


A video released recently showing Kern County Sheriff Donny Youngblood telling an employees union that it is better “financially” to kill suspects than to “cripple” them has sparked controversy locally and nationwide.

In the one-minute video filmed in 2006 during his first campaign for sheriff, Youngblood is seen seated at a table discussing deputy trainings and the cost to the sheriff’s office due to police violence.

Chain | Cohn | Stiles attorney Matt Clark discussed Youngblood’s comments recently while on The Richard Beene Show on KERN Radio 1180, 96.1. You can listen to the full interview here.

The Bakersfield Californian described a portion of the video:

Youngblood, in response to a question about officer training, said that detention deputies are trained more extensively than they used to be because of the cost the county faces when deputies kill or injure a person.

“There’s a good reason for that: millions and millions of dollars,” Youngblood said. “You know what happens if a guy makes a bad shooting on somebody — kills them,” Youngblood said. “Three million bucks and the family goes away.”

It’s “a totally different ballgame” when it happens in a jail to an inmate who is in restraints and surrounded by multiple officers, Youngblood said.

“It’s no different than when a deputy shoots someone on the streets, which way do you think is better financially? To cripple them or kill them, for the county,” Youngblood asks.

“Kill them,” said a voice from the audience.

“Absolutely,” Youngblood replies. “Because if we cripple them we get to take care of them for life, and that cost goes way up.”

The comments from the video were related to a discussion about the 2005 in-custody beating death of James Moore, who was beaten by several Kern County detentions deputies. That wrongful death case, represented by Chain | Cohn | Stiles on behalf of Moore’s family, resulted in a $6 million settlement. The killing also led to criminal charges against the deputies.

Lawyer Matt Clark said Youngblood’s comments speak to a culture within the sheriff’s department that life is not valued, and shared that families of victims of wrongful death at the hands of sheriff’s deputies — of which there have been several in recent years — are upset over the sheriff’s comments.

“Doesn’t that provide a mindset in that department that human life isn’t worth that much?” Clark said. “Having represented families who have lost loved ones due to the negligent and sometimes criminal conduct of the sheriff’s department, I can tell you (the families of victims) are not pleased to hear that.”

Specifically, Clark discussed several wrongful death, civil rights, and excessive force cases represented in recent years by Chain | Cohn | Stiles:

  • Daniel Hiler and Chrystal Jolley were pushing the motorcycle to a relative’s house crossing Norris Road in Oildale when they were struck and killed by a Kern County Sheriff’s deputy patrol car, speeding with lights and sirens off. The wrongful death case settled for $8.8 million.
  • Chain | Cohn | Stiles filed 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 patrol car operated by Deputy Nicholas Clerico struck and killed her.
  • On July 14 2015, Larry Maharrey was driving his motorcycle eastbound on Norris Road when a Kern County Sheriff’s 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 Deputy Gomez’s patrol vehicle, and died as a result of the crash.
  • On the night of May 7, 2013, David Sal Silva fell asleep in front of a home in east Bakersfield, across from Kern Medical Center. 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. And shortly after midnight, Silva was taken to Kern Medical Center, where he was pronounced dead. A wrongful death lawsuit settlement was reached in May 2016 for $3.4 million.

In most of these cases, deputies suffered little consequences or punishment despite breaking department policies in the situations that led to these tragic deaths, Clark said.

This isn’t the first time the Kern County Sheriff’s Office has been the center of controversy for its practices and history of deadly force.

In December 2015, The Guardian publication 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. Then in 2017, the American Civil Liberties Union of Southern California published a report following a two-year study that concluded law enforcement agencies in Kern County have engaged in patterns of excessive force and systematically violated the civil rights of local residents. The California Attorney General’s Office is currently investigating patterns of excessive force and civil rights violations in Kern County’s departments.

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If you or someone you know is the victim of excessive force, police misconduct, or other civil rights violations, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the website chainlaw.com.

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.

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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

Law firm files wrongful death claim in fourth deputy-involved fatal crash in four years

August 18, 2015 | 10:05 am


Chain | Cohn | Stiles recently filed a wrongful death claim against the County of Kern related to a Kern County’s Sheriff deputy involved crash with a motorcyclist. Local media covered a press conference hosted by Matthew C. Clark and Neil Gehlawat from the personal injury and workers’ compensation* law firm, which included the release of surveillance video of the crash.

Read below and click the links to see full coverage of the press conference and media mentions.

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(Bakersfield, Calif. – Aug. 12, 2015) For more than 20 years, Larry Eugene Maharrey, 59, worked for Golden State Drilling as a diesel mechanic to provide for his family. 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 riding his motorcycle.

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. In what has become a tragic and unfortunate trend, Maharrey’s death comes 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.

Chain | Cohn | Stiles has filed a wrongful death claim against the County of Kern on behalf of Maharrey’s wife, Paula, and other family members. Attorneys Matthew Clark and Neil Gehlawat – joined by Maharrey’s widow – will host a press conference to discuss the filing of the claim. A copy of the claim will be provided to media, as well as surveillance video of the crash.

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During the press conference, Paula Maharrey, Larry’s wife of 14 years, described him as a “crack-up,” a family man who would give his shirt off of his back to a stranger, and an all-around “good man.”

“I miss him every day,” Paula Maharrey said during the press conference. “I just want the Kern County Sheriff’s Office to take responsibility for their actions, follow their own set rules, and train their staff better.”

This wrongful death claim against the County of Kern follows another wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of Nancy Joyce Garrett’s family. Nancy Garrett was driving home from a Dodgers game when she was struck and killed by Deputy Nicholas Clerico’s Kern County Sheriff’s Office patrol car. Chain | Cohn | Stiles also represented the family of Daniel Hiler, who was struck and killed by Sheriff’s deputy John Swearengin as he crossed the street.

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UPDATE, MAY 2018: Chain | Cohn | Stiles reached a settlement with the County of Kern on behalf of the family of Larry Maharrey. The parties agreed to a $3.8 million settlement in the wrongful death lawsuit.

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MEDIA COVERAGE

Claim filed against county in connection with fatal crash involving deputy (The Bakersfield Californian)

Family of man who died when his motorcycle hit a deputy patrol car has filed a wrongful death claim (KGET 17, NBC)

Kern County faces wrongful death claim in deputy crash (KBAK-KBFX 29-58, CBS-FOX)

Attorneys release video of fatal crash between KCSO deputy and motorcyclist (KERO 23, ABC)

Oildale man’s death comes as sheriff’s office tries to crack down on speed (The Bakersfield Californian – July 15, 2015)