Santa Ana Agrees To Pay 'Substantial' Settlement After Woman Killed In Police Chase
SANTA ANA (CBS) - Officials have agreed to settle a multimillion-dollar lawsuit involving a woman fatally shot by police after a high-speed chase, the plaintiffs' attorney said Tuesday.
Attorney Dale Galipo declined to say how much the city of Santa Ana would pay but said it was "substantial."
The settlement was finalized Sept. 1, though the case went to trial. A federal jury announced it could not reach a verdict July 5.
Six of the eight jurors favored the plaintiff, the parents and daughter of Susie Y. Kim. They claimed Santa Ana Officer Brandon Sontag used excessive force when he fatally shot the 37-year-old woman.
Galipo asked the jury to award $15 million to Nancy and Yung Kim and the slain woman's 3-year-old granddaughter, who was 18-months old and in the back of the car when her mother was killed.
Settlement talks started after the jury could not reach a verdict, Galipo said.
"It was in everyone's best interests," Galipo said. "The plaintiffs just wanted to get it behind them and the city wanted to limit its exposure at trial."
A message left with attorney Steven Rothans, who represented the city at trial, was not immediately returned.
Buena Park police tried to pull over Kim about 12:30 a.m. on April 10, 2009, at Stanton and Orangethorpe avenues, but she fled. The chase reached speeds up to about 120 mph on the Santa Ana (5) Freeway, leading into Santa Ana, where officers unsuccessfully attempted "PIT maneuvers" to stop Kim.
After a second attempt to make the suspect vehicle spin out, Sontag got out of his vehicle and fatally shot the woman while her car was moving about 5 mph, her attorney said.
At trial, Galipo argued that Sontag was not in danger and he should not have fired at Kim.
Rothans said Sontag "felt his life was in jeopardy."
Buena Park Officer Mark Morison testified that Kim "floored it," before Sontag opened fire.
Rothans said both officers were in the path of the vehicle at some point.
Kim's blood-alcohol was found to be 0.18 percent, more than twice the legal limit, and cocaine was found in her system, Rothans said.
Galipo had an expert witness testify that Kim's blood-alcohol level may have been about 0.13 percent.
At issue was whether Sontag violated the department's policy on shooting at moving vehicles and if he was justified in using deadly force.
Santa Ana police "strongly discourage" shooting at moving vehicles, Galipo said, because it could disable the driver and endanger others, but there are exceptions when an officer feels his life is in danger, Rothans said.
Galipo said Kim "panicked" when she first saw flashing lights in her rearview mirror, because she had her 13-month-old daughter was in the backseat.
Rothans disagreed, saying Kim was high on cocaine in addition to being drunk. The chase covered more than 20 miles, he said.
Sontag fired three shots and, according to expert testimony, the fatal shot hit Kim about six inches below her left shoulder, piercing both lungs.
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