NO GOOD DEED ........

 By Bob Walsh

 

Joseph Garces  in custody of Santa Paula officer Chris Rivera on October 9, 2020

 

The first chapter of this little morality play ran out in the teeming metropolis of Santa Paula, CA. about 2 1/2 years ago.  It is now coming into the final chapter in federal court.

Joseph Garces was driving down the road minding his own business when he saw a woman on a cell phone.  There was obviously something wrong with her.  As he was a retied fire fighter and a basically nice guy he pulled over.  He then saw a man apparently passed out on the pavement of the parking lot.  Garces then realized the liquid he saw was blood, not beer, and that the man was not breathing.  Garces checked the situation out, relieved the man of a loaded gun, which he unloaded and then placed on the floor of his own car, and a knife.

He used the knife to cut the shirt off the gunshot victim and began to give CPR.  So far, so good.

Then the local constabulary showed up.  One of them took over the CPR and the other began to interview Garces.  Shortly thereafter Detective Chris Rivera showed up and jumped in Garces shit fairly sternly.  Fortunately this is all on body cam.  Rivera bounced Garces off as tree, hooked him up and threw him into the back of a black-and-white.  

Garces did not take the whole thing well and sued in federal court, alleging civil rights violations, unreasonable use of force, battery and negligence.   That was about 1 1/2 years ago.

Last week U. S. District Court Judge Fernando Anelle-Rocha ruled against the city in their attempt to throw out the case.  He did agree with the city in one aspect.  He did say that Detective Rivera did in fact have qualified immunity and could not be sued as an individual.  

Garces, who is now 54, left the area in a meat wagon.  His shoulder had been dislocated and required surgery to repair.  

The shooting victim survived.  A suspect is in custody awaiting trial.

The general feeling is that the city is likely to offer a reasonable settlement.