City of Sacramento pays $3.25 million settlement to man shot by police officer in 2017
The city of Sacramento is paying a $3.25 million settlement to a man shot by a police officer in 2017.
In September 2017, Kristopher Velez, who was 30 at the time, missed a court date for a misdemeanor offense for which he had posted bail. Bail bond agents then forced themselves through a window in Velez’s south Sacramento home to take him into custody, a lawsuit filed in 2018 in federal court alleged. Velez, who suffers from post-traumatic stress disorder as a result of serving in Iraq, retreated to his bathroom with a gun, the lawsuit said.
Sacramento police officers, including a K9 unit, responded to the house to assist the bail bond agents.
At one point, Velez’s gun discharged, but the bullet did not leave the bathroom, the lawsuit said. Velez can be heard on police video footage saying the shot was accidental. Velez put the gun on the floor, and then Officer John Harshbarger immediately shot him at least four times, the lawsuit said.
“The sergeant calmly interacted with Velez and reassured him that he could safely come out of the bathroom and put down the gun and that no one was going to hurt him,” the lawsuit said. “After some time, Velez came out of the bathroom and, after accepting the sergeant’s reassurances, put his handgun down on the floor, at which time he was immediately shot by Harshbarger.”
Velez, who was shot in his chest, shoulder, arm and leg, suffered life-threatening injuries, including broken bones and nerve damage, according to the lawsuit. He is partially disabled and needs additional surgeries, the lawsuit said.
An October 2017 police news release stated: “After several minutes of dialogue, the suspect opened the door of the bathroom and could be seen by officers holding a handgun and manipulating it with both hands. Multiple commands were given throughout the incident for the suspect to drop the gun and surrender. During the incident, the suspect refused to comply with the officer’s commands and displayed the gun in the direction of the officers.”
In a statement, city spokesman Tim Swanson said the settlement agreement was “fair and reasonable.”
“As part of its commitment to fairness, justice and its residents, the City of Sacramento applies due diligence to every case it is involved in to determine the right legal response and best path forward,” Swanson said in an email.
The City Council discussed the case during a closed session meeting on Aug. 10, but did not announce a settlement in open session. The Sacramento Bee learned of the settlement from a California Public Records Act request.
Less than two minutes after the shooting, when another officer asked him what happened, Harshbarger turned off the audio recorder on his body camera, the lawsuit said.
As of April 2021, Harshbarger was still employed as a Sacramento police officer, according to a list of city employees obtained by The Bee through a California Public Records Act request.
Velez was not charged with a crime in connection to the September 2017 incident, the lawsuit said.
The lawsuit named the city, Harshbarger, Bail Hotline Bail Bonds Inc., and American Surety Company as defendants. It claimed excessive force, unlawful entry, individual and entity liability, Monell liability, battery, negligence and trespass.
This story was originally published October 12, 2021 at 11:16 AM.
