Sacramento pays settlement to unarmed man shot over 20 times by police. Here’s how much he got
The city of Sacramento has paid a $400,000 settlement to an unarmed man shot by police more than 20 times during a 2021 incident.
It started in February 2021 when Adan Martinez got an alert to come to the house of his children’s mother because his vehicle was on fire and his belongings were being burned, according to the federal lawsuit filed in July 2021.
When he arrived, Martinez found the car in ashes and police waiting for him, and he drove away from the College/Glen residence, the lawsuit alleged. A 6-mile police chase took place.
When Martinez tried to turn around in an industrial area on the 8500 block of Fruitridge Road, just east of Florin Perkins Road, a police vehicle struck the back of his minivan and then officers fired more than 20 shots into the windshield, hitting him nine times in the shoulder, arm, chest, pelvic area, stomach, hand and wrist. The lawsuit says the gunshots nearly killed him.
Martinez was transported to the hospital where he underwent surgeries to remove the bullets and glass fragments. The lawsuit says Martinez has lost the use of his left hand in the wake of the injuries.
According to a police account of that night, a woman called 911 to report her ex-boyfriend, against whom she had a restraining order, had burned their vehicle, threatened to kill her and was possibly armed. Police said at the time that Martinez had set the vehicle ablaze and had threatened the woman.
As officers talked to her around 10 p.m. the night of Feb. 15, one officer spotted the suspect, later identified as Martinez, drive by in a minivan, according to police. After the chase, which reached speeds of 80 mph, video released by the department in the wake of the incident showed the officers shouting demands at Martinez. Officers told Martinez, “Hands up! If you f------ move, you get shot!” One officer warned the others, “He’s putting the car in drive.”
As the officers shouted at Martinez, he began making a three-point turn and attempted to turn the minivan around. Police said two officers opened fire as the minivan moved forward.
A bloodied Martinez eventually emerged from the car with his hands raised and was detained.
Martinez was later charged with false imprisonment, arson, fleeing from a police officer, drug possession, stalking and violating a restraining order, according to Sacramento Superior Court records. He pleaded no contest to false imprisonment and fleeing from a police officer. The rest of the charges were dismissed.
The settlement agreement, effective in February, was posted to the city’s website last week.
While Officer Nicholas Caro is an active duty officer, Eric Toomey is not, city spokesman Tim Swanson said. His last day was May 10, 2022. It’s unclear whether Toomey was fired as a result of the shooting.
“The city determined it was appropriate to work with the plaintiff to reach a fair and reasonable agreement that resolved the issues and satisfied the involved parties,” Swanson said.
While the city has released video of the shooting, in two years it has not yet released any investigative or disciplinary documents, which could yield clues to the personnel action.
This story was originally published September 28, 2023 at 5:00 AM.
