Steens, city settle lawsuit [The Porterville Recorder, Calif.]

Oct. 28--A settlement for the Steen family in the wrongful death of 26-year-old Vincent Steen against the city of Porterville and three Porterville Police Department offers was settled at the Tulare County Superior Court on Wednesday for $750,000.

During a mandatory settlement conference, both parties agreed to Judge Lloyd Hicks' recommended settlement.

"The case was never about money, it was about accountability," said the family's attorney, Roger Dreyer of the Dreyer, Bobich and Boccola law firm, in a press release. "This settlement validates the family's decision to prosecute this matter civilly to hold the department and officers responsible."

Officer Brian Nix stopped Steen for not having a headlight on his bicycle and for failing to stop at a stop sign on the night of January 10, 2010. According to the Tulare County District Attorney's report, Steen initially cooperated until two more officers showed at the scene. Steen allegedly resisted arrest and then ran home, where his mother lived, while police followed in pursuit.

"That stop culminated in a frightened Vincent Steen running home to his residence and being pursued by Porterville Police Officers Nix, [Isaiah] Scaggs and Eric Martinez," said Dreyer.

During the trial in April, Dreyer said Steen supposedly leaped up, dropped his bicycle and placed Nix in a bear hug, and later ran home, telling his mother, "You gotta save me. You gotta help me. I just got jumped by three cops," as he ran into a closet and hid.

A video clip of Nix's testimony had Nix describing Steen's position in the closet with arms even with his head, and though he had his hands in a gesture of surrender, his demeanor said otherwise, Nix said, stating his appearance was agitated and that he was not cooperative.

Attorney Jon Hamilton, who represented the City of Porterville and Officers Nix, Scaggs and Martinez in the April hearing, explained when police may use force. In determining the level of force to use, the seriousness of the crime must be considered, he said, and that Steen appeared to pose an immediate threat and he was actively resisting arrest or attempting to evade the officers.

Prosecution described Steen as a gentle man with a learning disability who had never been in trouble. Defense reported the officers had never before had contact with Steen, so were not aware of any disabilities, and reacted appropriately under the circumstances.

Reports and testimony ranged from Steen attacking Martinez by hitting him in the head to Steen choking the officer, which resulted with Steen being hit with a Taser.

Shots were fired by Nix and Scaggs, one in the back and one in the chest, killing Steen.

According to Dreyer, Steen's mother, Cathy Connor, and brother Randy were both present at the time of the shooting and testified that no such attack ever took place and that he [Steen] was simply trying to get away from Officer Martinez who had deployed his taser and struck Mr. Steen.

"The District Attorney's Office found the shooting to be justified," City Manager John Lollis said.

The civil trial held in April resulted in a mistrial as the jury was unable to come to a verdict. Another trial was set for November 4, but was settled "in it's entirety" on Wednesday in the amount of $750,000 to the family.

"The city made a dramatic change in its position," said Dreyer. "From the beginning they've always indicated that they didn't have any wrongdoing, and then they changed their position."

The settlement was proposed by Judge Hicks and agreed by Dreyer and Hamilton. Hamilton is with the RMA -- Risk Management Authority -- which represented the city and the officers in the case. The RMA represents many cities in liability issues.

Lollis said it is the RMA's job to protect the cities' assets and to protect their liability. The city did not have any say in agreeing or disagreeing with the settlement.

"It's been a long battle for them [Steen family] for years to finally get the truth out," said Dreyer. "There was a small number of jurors who hung this case up. All the family wanted was justice for Vincent and the community, and that is why they wanted to pursue this action. By trying the case in April and obtaining this resolution, the family believes it has achieved their goal."

Both Nix and Martinez are still with the department. Scaggs resigned citing unrelated personal problems.

Contact Kelli Ballard at 784-5000 ext 1047 or email at kballard@portervillerecorder.com. Reporter Esther Avila contributed to this story.

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