Jury awards more than $10 million to family of man shot by deputies while he had hands up – San Antonio Express-News

Federal jurors on Thursday found that two Bexar County sheriffs deputies violated the constitutional rights of a domestic violence suspect they shot and killed in a controversial 2015 case and awarded his family $10.35 million.

Relatives of Gilbert Flores, who had his hands up and held a knife when he was shot, wept upon hearing the verdict and hugged to console each other. They left the courtroom without comment after being advised by their lawyers not to talk. The trial attorneys also declined comment.

Deputy Greg Vasquez and since-retired Deputy Robert Sanchez turned to their lawyers in bewilderment upon hearing the verdict. They also didnt comment.

A video frame grab shows Gilbert Flores with his hands in the air and two Bexar County deputies, guns drawn, attempting to arrest Flores. Less than a second later, Flores would be shot and killed by the deputies. The video was shot by a neighbor and was released by the sheriff's department on Friday, 12/11/15.

A video frame grab shows Gilbert Flores milliseconds after being shot by deptuies while his hands were up but holding a knife. As he fell, the knife can be seen in his left hand as it touches the ground and Flores collapses. The video was shot by a neighbor and was released by the sheriff's department on Friday, 12/11/15.

Contributed

During the trial, the Flores familys lawyers argued that the deputies wrongly used deadly force and executed Flores in an incident that was captured on witness videos. They urged jurors to find that the deputies violated Flores Fourth Amendment right to be free from the use of excessive force.

The lawyers, with the Thomas J. Henry law firm, asked the jury to award six of Flores relatives at least $1.5 million apiece in compensatory damages, plus unspecified punitive damages.

One of the lawyers, Robert Wilson, told jurors to send a message with their verdict that similar conduct by police will not be tolerated.

If you talk with a meek voice, its not going to get the attention it merits, Wilson said. That voice has to be strong, it has to be powerful and it has to (say), No! No! No! Thats why a large amount is going to send that message.

After deliberating for more than four hours, the eight-member jury returned a verdict that found both Vasquez and Sanchez liable for violating Flores civil rights. Jurors also found a long-standing legal doctrine known as qualified immunity should not shield the deputies.

The jury awarded $1.425 million in compensatory damages against each deputy. Jurors also awarded $5 million in punitive damages against Vasquez and $2.5 million in punitive damages against Sanchez.

The family had also sued Bexar County, but a judge dismissed it from the lawsuit in 2017, leaving only the deputies as defendants. While the deputies may be on the hook, county officials have previously said the countys insurer might have to pay if the deputies lost because the deputies were on duty at the time of the incident.

According to testimony, Flores mother, Carmen Flores, called 911 on Aug. 28, 2015, to report her son had assaulted his wife, Maritza Amador, and their infant daughter at Carmen Flores home. Gilbert Flores could be heard on the call saying he was going to commit suicide by cop. Flores and Amador were living at his parents home in far north Bexar County at the time.

Vasquez responded first, with Sanchez arriving shortly thereafter. An encounter ensued during which Flores used a knife to try to stab the deputies, used a chair to block an attempt by one deputy to Taser him, tried to use the Taser against the deputies and attempted to get into a patrol SUV that had the keys in it and a rifle.

Over police radio, supervisors had given the deputies orders to use whatever means necessary to end the matter after learning of some of the things that Flores had done to endanger the deputies or to potentially endanger his own family in the house.

While those incidents were not disputed, the main disagreement was over whether Flores posed an imminent threat in the the final moments, when the two deputies decided to shoot him.

Wilson argued that testimony established that the deputies were no longer in imminent danger when Flores was standing still and raised his hands to surrender.

You just dont shoot somebody when they are standing still and surrendering, Wilson said.

Wilson and co-counsel Richard Hunnicutt accused the deputies of lying during subsequent investigations, such as Vasquez claiming Flores was advancing and 6 to 8 feet from the deputies when they fired. The family lawyers said the video contradicted the deputies and investigations determined Flores was more than 20 feet from either deputy.

But the deputies lawyers, Charles Frigerio and Hector Xavier Saenz, argued that neither deputy wanted to shoot Flores but did so because Flores continued to be a threat during the chaotic encounter and Flores refused repeated commands to drop his knife. The attorneys argued that the deputies had to make a quick decision during a tense situation and may have gotten some details innocently wrong.

In December 2015, a Bexar County grand jury declined to indict the deputies on criminal charges.

guillermo.contreras@express-news.net | Twitter: @gmaninfedland

Read more:
Jury awards more than $10 million to family of man shot by deputies while he had hands up - San Antonio Express-News