A federal jury returned a unanimous verdict on July 12 in favor of the City of Long Beach and Long Beach Police Officer Matthew Hernandez, rejecting “wrongful death” claims of excessive force and negligence brought by the parents of Feras Morad, according to Long Beach City Attorney Charles Parkin.
“This was a tragic case for everyone involved,” Parkin said. “However, Officer Hernandez was forced to use deadly force as a last resort in a life-threatening situation, and the jury found that he acted reasonably.”
According to Parkin, on the night of May 27, 2015, Hernandez was dispatched to assist Long Beach Fire Department personnel who were responding to a 9-1-1 call that reported a man had fallen out of a second-story window; the caller also reported that the man was intoxicated and acting violently. Hernandez arrived and was immediately confronted by 20-year-old Feras Morad, the subject of the call.
“Hernandez tried communicating with Morad, but Morad ignored the officer’s directions and commands and kept walking toward the officer in an aggressive manner,” states a press release from Parkin’s office. “Officer Hernandez attempted to control Morad by using a Taser, which had no effect. Officer Hernandez continued to try and gain control of Morad, but takedowns, an attempt to handcuff, another Taser use, and use of a flashlight strike all failed due to Morad’s resistance. When Morad briefly sat down, Officer Hernandez called for emergency back-up. Almost immediately afterwards, and well before back-up could arrive, Morad stood up and walked toward Officer Hernandez with clenched fists. Officer Hernandez repeatedly commanded Morad to ‘get down,’ but Morad kept approaching. Hearing Morad say, ‘I’m coming to get you,’ and fearing that Morad would wrestle him to the ground and kill him with his own gun, Officer Hernandez fired four shots at Morad when Morad got to arm’s reach from the officer.”
Morad’s family filed the federal case against the City and Officer Hernandez, alleging that the force used was excessive and unreasonable and claiming that defendants were liable for Morad’s death. Attorneys for the City and Hernandez argued that the force used was reasonable and necessary for the protection of the officers and citizens in the area, and that Hernandez had no other option but to shoot.
The jury agreed. After nine days of testimony, the jury deliberated for approximately seven hours before returning the unanimous verdict in favor of defendants.
Deputy City Attorney Howard Russell handled the case for the City; attorneys Peter Ferguson and Kyle Bevan, of Ferguson Praet & Sherman, represented Hernandez. Attorneys Dan Stormer, Joshua Piovia-Scott and Brian Olney represented the plaintiffs.
Source: Parkin’s office
