Nash-Perry v. City of Bakersfield
| Decision Date | 31 August 2021 |
| Docket Number | 1:18-cv-01512 JLT |
| Court | U.S. District Court — Eastern District of California |
| Parties | TAMETRIA NASH-PERRY, Plaintiff, v. CITY OF BAKERSFIELD, OFFICER ALEJANDRO PATINO, and nominal defendant JASON OKAMOTO, Defendants. JASON OKAMOTO, individually and as successor-in-interest to CHRISTOPHER OKAMOTO, and Z.S., by and through her guardian ad litem, Brittney Saucedo, Plaintiffs, v. CITY OF BAKERSFIELD and OFFICER ALEJANDRO PATINO, Defendants. |
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DOC 61)
Tametria Nash-Perry, Jason Okamoto, and minor Z.S. seek to hold Bakersfield Police Officer Alejandro Patino and the City of Bakersfield liable for the fatal shooting of Christopher Okamoto under federal and state law. (See generally Doc. 38.) Defendants argue Plaintiffs are unable to succeed upon their claims and seek summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. (Doc. 61.) The Court heard the oral arguments of the parties at hearing on August 16, 2021. Because there are genuine issues of material facts remaining and Defendants have not demonstrated their entitlement to judgment, the motion is GRANTED IN PART.
The decedent, Christopher Okamoto, was 21 years old and lived in an apartment with his girlfriend Britney Saucedo and her daughter Z.S. (See Doc. 65 at 166; JSF 6, 8.) The parents of the decedent-Tametria Nash-Perry and Jason Okamoto-report he treated Z.S. as his own daughter, though he expressed doubts that he was the father to Mr. Okamoto. (See Doc. 61-4 at 22, J. Okamoto Depo. 13:21- 14:11; JSF 7.) In fact, the decedent was not the biological father of Z.S., who was born on December 21, 2017. (See Doc. 61-4 at 26; JSF 6.)
Ms Nash-Perry and Mr. Okamoto report they gave financial assistance to their son after he moved to Bakersfield in the summer of 2018. (See Doc. 61-4 at 13-14, 20; Nash-Perry Depo. 43:4-44:1; J. Okamoto Depo. 11:2-15.) Mr. Okamoto explained he paid the down payment for the decedent's apartment as well as “half of the rent.” (Id. at 20, J. Okamoto Depo. 11:2-15.) Ms. Nash-Perry reported she gave money to the decedent when he asked, and “from time to time… [would] hand him some cash.” (Id. at 13, Nash-Perry Depo. 43:7-18.)
On August 19, 2018, the decedent, Britney Saucedo and Z.S were in their apartment located at 4809 Hahn Avenue, Apartment No. 46. (JSF 8.) Ms. Saucedo drank “one tall can of [cheap] beer/malt liquor, ” which made her feel tired. (JSF 9, Doc. 73-1 at 6; see also Saucedo Depo. 18:3-8.) The decedent “had two or three” of the drinks, and Ms. Saucedo observed that “[he] was drunk, slurring his words.” (JSF 9.) They argued, and cans were “thrown around.” (JSF 10.) In addition, the decedent pushed Ms. Saucedo at one point. (Id.)
Adjacent neighbors, Edward White and Melissa Contreras, could hear “arguing from the Okamoto apartment.” (JSF 11, 12.) Mr. White reported he heard the arguing earlier in the day and later was “awakened by their arguing.” (JSF 12; PSF 10, Doc 73-3 at 4.) “As the argument continued to escalate, Mr. White decided to contact the police to diffuse the situation.” (PSF 10, Doc. 73-3 at 4.) “Mr. White never believed that Saucedo was being choked, nor did he believe anyone inside Mr. Okamoto's apartment was in immediate danger.” (PSF 11.)
During the argument, Timothy Brown, another neighbor who lived in the apartment below the decedent, went upstairs to speak with the decedent. (PSF 5, Doc. 73-3 at 3.) Ms. Saucedo reports that “[a]t some point after Chris came back inside…, he fell asleep by the bed.” (Doc. 68 at 2, Saucedo Decl. ¶ 6.) Mr. Brown reports he did not hear any more noise or movement coming from the Okamoto appointment until later when the police arrived. (See Doc. 65 at 149, Brown Depo. 24:16-25:17.)
At approximately 11:27 p.m., Bakersfield Police Officers Alejandro Patino and Eric Celedon “were dispatched 4809 Hahn Street for a call to service related to a domestic violence incident.” (DSF 7; see also PSF 1.) “Dispatch advised the officers that a male was possibly choking a female.” (Id.)
“Officer Celedon was the first officer to arrive at the apartment complex and Officer Patino arrived shortly thereafter at approximately 11:34 p.m.” (JSF 13.) The officers were not directed to a particular apartment by dispatch and while they were trying to determine which apartment was at issue, Mr. White went down to meet them. (Doc. 61-4 at 49) Mr. White gestured to the decedent's apartment, but the officers did not question him about the disturbance. (Id.) They allowed Mr. White to return to his apartment before they ascended the stairs. (Id.)
“Patino and Celedon proceeded up the staircase toward Christopher Okamoto's apartment.” (JSF 15.) Although Patino and Celedon did not discuss “a tactical strategy” prior to approaching the apartment, Patino was designated to be the officer “who would make contact at the door.” (PSF 12; JSF 16.) Patino stood on the landing outside the apartment, while Celedon stood on the top stair of the staircase. (Doc. 61-4 at 77, 104; Celedon Depo. 21: 4-11; Patino Depo. 53:17-21.) When he approached the door, Officer Patino had unholstered his gun and was using the flashlight mounted on it to illuminate the door. (Doc. 64-1 at 50; Doc. 65 at 127; Doc. 65-4 at 187; Doc. 75 at 6-7)
Ms. Saucedo reports[2] that she and the decedent “were awakened by loud banging in [their] door.” (PSF 15; Doc. 68 at 2, Saucedo Decl. ¶ 7.) According to Ms. Saucedo, she “never heard anyone outside of the door announce they were the police.” (Doc. 68 at 2, ¶ 9.) In addition, she reports that she “heard Chris continuously ask, who was at [the] door, or words to that effect, ” and she “perceived that Chris did not know who was at the door either, let alone the police.” (Id., ¶¶ 9-10.) Similarly, their neighbor Mr. White reports he heard the decedent “scream … who the fuck is that at my door, ” “who is that knocking on my damn door, ” or words to that effect. (Doc. 65 at 127-28, White Depo. 25:24-26:1, 26:14-22.) Officer Patillo testified that the decedent asked more than once words to the effect of “who is at the door?” (Doc. 61-4 at 110-11, Patino Depo. 61:23-62:10; Doc. 61-4 at 111, Patino Depo. 62:12-20.) Ms. Saucedo reports, “The person or persons outside the door did not respond any of the times Chris asked who was at [the] door banging, ” and she “thought [they] were being robbed.” (Doc. 68 at 3, Saucedo Decl. ¶¶ 11, 13.)
Ms. Saucedo reports they “lived in a high crime area” and she was in fear of her life and her daughter's life. (Id., ¶¶ 14-15; Saucedo Depo. 23:10-14.) Ms. Saucedo observed the decedent retrieve a BB gun, and she told the decedent to “just open [the door] and see who it is.” (Saucedo Depo. 23:10-14, 24:17-19.) In the meantime, Ms. Saucedo ran to the bathroom with her daughter and locked herself inside. (PSF 22; see also Saucedo Depo. 24:24-25:1, 25:23- 26:4.)
Patino asserted that from the time he first rang the doorbell, heard the footsteps back and forth three times, and then heard the door unlocking, “probably about one to two minutes” had passed. (Id. at 112, Patino Depo. 63:10-17.) He stated he heard approaching footsteps and “the door handle [began] to turn very slowly.” (Doc. 61-4 at 116, Patino Depo. 69:1-7.) Patino stated, “As soon as that doorway [began] to open, [he] saw the muzzle of a black firearm” that was “pointed at [his] head.” (Id., Patino Depo. 16-25.) As soon as the door opened, Mr. White heard the officer say, “gun or . . . he has a gun, ” followed by the sound of “boom, boom, boom, boom, boom, boom” of the officer's gun. (Doc. 64-1 at 52-53.)
According to Patino, once he saw the muzzle of the weapon, the door opened “very quickly, ” and the decedent was “standing in … a one-handed shooter position, ” with “his right arm fully extended out and [he had] the firearm pointed … directly at [him], at [his] head.” (Id.) Patino said, “The only thing I could do was step over to the left to try to get offline from where he's aiming that firearm, and then I begin to fire.” (Id. at 117, Patino Depo. 70:1-6.) He fired six rounds in his first volley. (Id. at 120, Patino Depo. 73:22-25.) Patino testified that “[a]fter the first volley, [the decedent's] position changed, ” as the decedent “took a step back, back away from [Patino].” (Patino Depo. 96:4-97:4.) Patino fired two shots in a second volley. (Depo. 74:1-5.) The decedent “was shot six separate times during the incident.” (PSF 43, Doc. 73-3 at 12-13.) After the shooting, the decedent was “laying just inside of the doorway on his back, arms up near his head, with a firearm near his right hand.” (Celedon Depo. 45:1-5.)
Dr Robert Whitmore, a forensic pathologist, performed the autopsy on August 24, 2018, and prepared a report detailing his findings. (Doc. 65 at 175-180.) Dr. Whitmore noted there were “six gunshot wounds on the body and a graze gunshot wound of the right cheek.” (Id. at 177.) Dr. Whitmore observed there were “[f]our penetrating and perforating gunshot wounds of the anterior left trapezius, anterior left shoulder, and upper anterior left arm associated with multiple fragment wounds;” and “[t]wo penetrating gunshot wounds of the left anterior chest and associated with multiple fragment wounds.” (Id. at 175; see also PSF 51, Doc. 73-3 at 14.) Dr. Whitmore found “five exit wounds located on the upper outer left back, posterior left shoulder and posterior upper left upper arm.” (Id. at 177.) Two shots struck the decedent “in the outer left chest in a front to back[, ] left to right (westbound direction) trajectory.” (PSF 46; Doc. 65 at 177 ¶ D.) In Dr. Whitmore's opinion...
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