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.

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CRASH MEDIA COVERAGE

CLAIM MEDIA COVERAGE

PRESS CONFERENCE MEDIA COVERAGE

LAWSUIT MEDIA COVERAGE

‘JUDICIAL EMERGENCY’ MEDIA COVERAGE

SETTLEMENT MEDIA COVERAGE

The wrongful death case of David Sal Silva

May 18, 2016 | 7:41 am


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.

These events and those that followed after this night made international news, including the wrongful death lawsuit filed by Chain | Cohn | Stiles on behalf of Silva’s family in 2013, to the settlement reached in May 2016.

Below is a chronological order of events and media coverage in the death and civil case of David Sal Silva.

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‘BEGGING FOR HELP’

Early reports from law enforcement officials claimed officers struggled with a man in his 30s for eight minutes in front of a home on the corner of Flower Street and Palm Drive in east Bakersfield. Officers used batons and a K-9 unit before officers noticed the man was struggling to breath, called an ambulance, which rushed him across the street to Kern Medical Center emergency room. He would die shortly after.

The man was David Sal Silva, 33, a father of four.

Local media soon after reported a total of seven Kern County Sheriff’s Office deputies, including a K-9, and two California Highway Patrol officers arrived to the scene. They struck Silva with batons, released the K-9 on him, took him to the ground, restrained him and handcuffed him.

Immediately, witnesses stepped forward and described the incident.

“I watched a man deliberately murdered in my face,” one man who did not want to be identified told KBAK/KBFX Eyewitness News. “I see an officer and the K9 dog, with a man detained on the ground, and the man was screaming for help … They were just sitting on him. And the guys, they were holding him down and punching him, too … He wasn’t resisting. He was begging for help, and begging for his life.”

Besides witness statements, media also reported audio and video documented the beating.

MEDIA COVERAGE

 

CIVIL RIGHTS VIOLATED

Surveillance video obtained by KERO-23 News after the beating death showed Silva being repeatedly beaten with a stick while more law enforcement officers arrive.

A 911 call, too, helped document the incident.

“There is a man laying on the floor and your police officers beat the (expletive) out of him and killed him,” the caller tells dispatchers. “I have it all on video camera. We videotaped the whole thing.”

“He was like a piece of meat,” the caller later told Los Angeles Times. “We were telling them: ‘He’s dead. You guys already killed him.'”

Details also emerged of how officers took witness cell phones that contained videos of officers beating Silva, hogtying him, lifting him and dropping him twice. Witnesses described how they were essentially harassed and held kept captive inside their own home by officers until they released their phones, without a search warrant being presented. Officers promised to return phones the next day, but were told when they inquired about their phones that the Sheriff’s Department was keeping the phone until the investigation was over.

At the same time, the Silva family reached out to and obtained the representation of Chain | Cohn | Stiles.

“I have two grieving parents and one grieving brother who want to see the body of their son and brother,” David K. Cohn, managing partner of Chain | Cohn | Stiles told news media. “But we will get to the bottom of this and I ask the sheriff’s department, once again, what are you hiding?”

The public feared a cover up by law enforcement officials was in the making, media reported. Chain | Cohn | Stiles would plan to file a federal civil rights complaint on behalf of the family.

Meanwhile, Silva’s family mourned his death.

“I can’t believe this happened,” David’s father Sal Silva told The Bakersfield Californian at his vigil, sobbing while kneeling down and touching the blood stains left on the sidewalk from the incident. “My son was a family man who loved his kids and family and in the back of my mind I still hold on to the possibility that the body we haven’t seen, might not be my son.”

The beating death of David Silva brought back memories for many of the infamous Rodney King beating, in addition to other high-profile deaths of minorities at the hands of law enforcement. The coverage would continue for years.

MEDIA COVERAGE

 

PHONES & THE FBI

Fears that police were attempting to cover up details of the beating death of David Silva grew as Kern County Sheriff Donny Youngblood revealed that video evidence expected to be found on one of two cell phones confiscated from witnesses was not present on the phone.

The phones were handed over to the Bakersfield Police Department for examination, and the Federal Bureau of Investigation was also called upon for a “parallel investigation.”

MEDIA COVERAGE

 

PROTESTS & LOST TRUST 

The beating death of Silva at the hands of police, subsequent phone confiscation, missing videos and other civil rights violations resulted in protests throughout Kern County.

Protesters stood in front of the Kern County Superior Court and held signs that read, “protection of our rights” and “stop police brutality.”

“I believe in my heart that someone has to investigate this and find out why it happened and why it’s been happening, please, just give my brother justice,” Chris Silva, David Silva’s brother, told The Bakersfield Californian.

On May 20, 2013, attorneys for the witnesses who had their phones confiscated and returned by investigators released video footage that showed the final moments of Silva’s life as he screamed while officers held him down.

MEDIA COVERAGE

 

‘ACCIDENTAL’ DEATH 

On May 23, 2013, Sheriff Donny Youngblood called the death of David Silva “accidental” due to heart disease, according to a department he leads, the Kern County Coroner’s Office. Youngblood also slammed media for sending “shockwaves all across the United States” in the case.

“They’re trying to say he died of natural causes,” David Cohn told The Bakersfield Californian. “Who would believe that?”

MEDIA COVERAGE

 

CLAIMS, LAWSUITS FILED

In June 2013, Chain | Cohn | Stiles on behalf of the Silva family filed wrongful death and federal civil rights claims claim against the nine officers involved in Silva’s death, Kern County Sheriff’s Department, California Highway Patrol, Kern County, and the state of California.

The complaint sought damages on behalf of David Silva’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of David Silva.

“David Sal Silva was a loving young man who cared deeply for his family and his four young children,” David Cohn said in a statement to media. “On May 7, 2013, David died as a result of unreasonable and excessive force used by nine law enforcement officials, who repeatedly struck him with batons and hog-tied him despite his numerous cries for help. Those cries will forever be heard by his family, and in particular his four children, who will now have to grow up without their father. While this lawsuit will certainly not undo what happened, my hope is that it will serve as a catalyst for serious change amongst local law enforcement agencies. It is time that we put this longstanding ‘strike first, ask questions later’ culture to rest once and for all.”

A month later, local media described inconsistencies between information provided by Kern County Sheriff Donny Youngblood and information found in the Kern County Coroner’s autopsy report, including the use of the hogtie restraint. The tactic has been banned altogether by law enforcement agencies, including the Bakersfield Police Department and the Los Angeles Police Department.

Cohn stated the manner by which Silva was restrained may have played a role in Silva’s death by causing “positional asphyxiation.”

MEDIA COVERAGE

 

NO CRIMINAL CHARGES

In April 2014, Kern County District Attorney Lisa Green announced that her office would not be seeking criminal charges against the law enforcement officers involved in the death of David Silva.

“This is the reason we need an independent advisory panel evaluating these types of cases,” David Cohn said in a statement at the time. “Kern County District Attorney’s Office personnel work with these agencies every day, and they’re the ones in charge of prosecuting cases for them. Apparently, the way it works in Kern County is that unless they catch the officers red-handed, nothing will happen. It appears that they look for ways not to prosecute.

“Given that we do not have an independent panel in place to investigate, that’s the reason we filed a lawsuit in this case on behalf of the Silva family. Through this lawsuit, we believe the truth will come out. We have the ability to question these officers under oath. We’ll be more thorough in this investigation than any investigation that the Kern County District Attorney’s Office has done thus far. We won’t just rely on the investigative reports prepared by the Sheriff’s office, which are self-serving, one-sided versions of the events leading up to David Silva’s tragic death.”

MEDIA COVERAGE

 

ONE-YEAR ANNIVERSARY 

Dozens chanted for justice in downtown Bakersfield on the one-year anniversary of Silva’s death, including representatives from Chain | Cohn | Stiles.

“We remain committed to obtaining justice on behalf of David and his entire family, especially his four children, who will be without a father for the rest of their lives,” attorney David Cohn said on the date. “The road to obtaining justice will be a difficult one; however, we are confident that in the end, the truth will prevail and justice will be done. This case is certainly about David Silva and about what happened to him, but it is also about much more than that. It is about changing the culture of local law enforcement in this community, and holding law enforcement officers who use unreasonable and excessive force accountable for their actions.”

Protests and rallies would continue throughout Kern County.

MEDIA COVERAGE

 

CRIMINAL INVESTIGATION 

In late October, the U.S. Attorney’s Office and Civil Rights Division determined there was not sufficient evidence to sustain a federal criminal prosecution of officers involved in the death of David Sal Silva, which must be proven beyond a reasonable doubt, and the investigation was closed.

“To maintain the public’s trust and fulfill the high obligations undertaken by all law enforcement, it is critical that we diligently evaluate such allegations,” said U.S. Attorney Benjamin B. Wagner. “We undertook a careful evaluation of the evidence in this case, and we appreciate the assistance we received, particularly from our partners in the Federal Bureau of Investigation. I extend my condolences to the entire Silva family for the loss they suffered with the tragic passing of Mr. Silva.”

The Silva family now looked to the civil courts for justice.

MEDIA COVERAGE

 

PROTESTS FOR CHANGE

In the months and several deaths at the hands of police throughout the United States — Michael Brown in Furguson, Miss. and Eric Garner in New York — sparked protests and riots nationwide. In Bakersfield, police shot unarmed Ramiro James Villegas (James De La Rosa) in November 2014, which helped advance the chants for more accountability locally. In Kern County, the Silva family led the charge.

“Police brutality is an issue here and we won’t let it go away,” Chris Silva said at a December 2014 rally.

In March 2015, hundreds of family members, friends and supporters of people who have lost loved ones in confrontations with local law enforcement took to the streets of Bakersfield in a march that revisited the scenes of some of the deaths, including the scene of the death of David Silva.

“I’m here to support the Silva family and all the other families who have lost loved ones because of mistakes made by the police,” Chain | Cohn | Stiles attorney Neil Gehlawat told The Bakersfield Californian. “We’re not saying all police officers are bad people,” Gehlawat said. “But on occasion, police officers cross the line, and when that happens it’s important the officer be held accountable so that it doesn’t happen again to another family.”

In July, the Kern County District Attorney’s Office announced it would be reviewing all officer-involved shootings resulting in injury or death, and all uses of force resulting in death, for all law enforcement agencies throughout Kern County. Protesters contended the DA’s office has already shown that it cannot provide truly independent oversight of the Bakersfield Police Department and the Kern County Sheriff’s Office.

MEDIA COVERAGE

 

‘AMERICA’S DEADLIEST POLICE’ 

In December 2015, The Guardian — a renowned British national daily newspaper that also covers issues in the United States —unveiled its five-part series that examines the use of deadly force, rough justice, sexual misconduct cases and other issues involving “America’s deadliest police” of Kern County.

“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.”

Among the cases highlighted by The Guardian was the death of David Sal Silva, and other Chain | Cohn | Stiles civil rights and wrongful death cases. The series featured how the brutal tactics of officers in Kern County have ended lives, cost the public millions, and prompted claims of a police force out of control.

MEDIA COVERAGE

 

TRIAL 

In March 2016, a federal judge refused to dismiss most claims, including those involving allegations of excessive force and wrongful death, in the lawsuit filed against Kern County in the death of David Silva.

“This is a resounding victory for us because the judge ruled in our favor in almost all of the claims, both federal and state,” attorney Neil Gehlawat told The Bakersfield Californian. “We’re very pleased with the judge’s ruling in that respect, and believe his ruling is consistent with the evidence in the case.”

Chain | Cohn | Stiles worked together on the civil case with the Law Offices of Dale Galipo, as a lead trial attorney. The trial was set to begin in U.S. District Court in Fresno on May 12, 2016.

MEDIA COVERAGE

 

SETTLEMENT

On Wednesday, May 4, 2016, a settlement was reached for $3.4 million.

“The settlement today, nearly three years to the date of Silva’s death, is a vindication of a three-year campaign by the Silva family for justice, which brought national and international media attention to police brutality in Bakersfield,” Chain | Cohn | Stiles said in a statement announcing the settlement.

Attorneys from Chain | Cohn | Stiles and Law Offices of Dale Galipo hosted a press conference for media on May 5, 2016, along with Silva’s family. You can watch the complete press conference here.

“This case is now over, and this settlement is a bittersweet end to a long journey to achieving justice,” said attorney Neil Gehlawat during the press conference. “It’s bitter in that David is not here with us, and he is not here today to be a father to his children, to be a brother, to be a son. But it’s sweet because we know that the money that we’ve obtained in this case is going to go a long way to helping David’s children secure a bright future.”

 

* Editor’s Note: Neil Gehlawat is no longer an attorney with Chain | Cohn | Stiles *

MEDIA COVERAGE

Witnesses in CCS wrongful death case file lawsuit for cell phone seizure

March 26, 2014 | 11:12 am


Another lawsuit has been filed related to our wrongful death case against local law enforcement.

Five witnesses to the May 2013 confrontation between law enforcement and David Silva have filed a lawsuit in federal court, according to The Bakersfield Californian, alleging they were unlawfully detained and law enforcement improperly seized their cell phones they used to record the in-custody death.

After the witnesses recorded the incident, Kern County Sheriff’s investigators “continued to harass, threaten, intimidate, pressure” the witnesses until they received the cellphones used to take video, they allege.

Seven deputies and two California Highway Patrol officers confronted Silva outside of Kern Medical Center. Deputies used baton strikes on Silva, restrained him, and a police canine was also used and bit Silva several times

After Silva was custody, he experienced trouble breathing and died soon after. The beating to Silva, according to CCS complaint, ultimately resulted in his death.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of the family of David Silva. And CCS Managing Partner David K. Cohn has spoken out against the officers’ alleged actions, too.

The case drew widespread media attention and concern throughout Kern County, the state and across the country. The New York Times and Los Angeles Times were among dozens of media outlets that covered the case.

Kern Sheriff Donny Youngblood asked the FBI to conduct a parallel investigation into the case after the incident. And the case in ongoing.