THE PORTERVILE RECORDER
Tulare County has settled a wrongful death, civil rights lawsuit out of court, agreeing to pay $1.5 million to the parents of a 21-year-old man shot and killed by a Tulare County Sheriff’s detective in 2008.
Attorney Brian Claypool of the Claypool Law Firm in Pasadena, said the county settled this week in federal court where the suit was scheduled for trial on May 24. Jeff Forbes with the county confirmed the settlement on Friday, saying the county did not admit to any wrongdoing in settling the case.
Claypool represented Zachary Allen Atkinson’s mother, Beth Atkinson; while co-counsel was Dale Galipo who represented the man’s father, Kurt Brackob.
Atkinson was shot about 3 p.m. on Sept. 12, 2008 on North Grand Avenue after a traffic stop was made on him by TCSD Detective William Seymour, an 18-year veteran with the department who was in an unmarked patrol car. Seymour was not in uniform.
According to reports, the two men got into a scuffle shortly after Seymour pulled over Atkinson who was driving a motorcycle. Seymour pulled him over because he said the motorcycle matched the description of a motorcycle reported stolen.
Seymour said he shot the man because he feared for his life, but Claypool said eyewitnesses and others who were prepared to testify, disputed that.
“This young man was shot in the back. When he was shot, he was not posing a threat to Detective Seymour,” said Claypool. No weapon was found on Atkinson.
Atkinson, who grew up in the Springville-Porterville area, suffered two gunshot wounds to the buttocks and a fatal shot to the middle of his back. He was pronounced dead at Sierra View District Hospital.
The sequence of events leading to the struggle outlined by the sheriff’s office in 2008 said “Seymour was driving north on Highway 65 when he saw a motorcycle, matching the description of one reported stolen out of Lindsay, traveling south on the highway.
“Seymour was at the intersection of Highway 65 and North Grand Avenue, in the left turn lane, behind Atkinson.
“Both were stopped for a red light. Seymour had not activated any emergency lights to initiate the traffic stop.
“While waiting for the light to turn green, Atkinson ran the red light and drove east on North Grand Avenue. Seymour waited for the light to turn green and followed the motorcycle, which had stopped on the north side of the roadway in a dirt turnout. Claypool said the detective never activated his lights and siren.
“Atkinson was still on the motorcycle.
“Seymour parked his vehicle near the motorcycle, got out and identified himself. He asked Atkinson for paperwork for the motorcycle and for identification.
“Atkinson began to put his hands in his pockets, and Seymour asked him to keep his hands in view. Atkinson then started the motorcycle and looked like he was going to flee.
“Seymour held on to Atkinson and managed to turn the motorcycle off.
“A struggle ensued, and Atkinson again managed to start the motorcycle.
“The motorcycle lunged forward several feet while Seymour was still holding on to Atkinson. The detective managed to stop the motorcycle and both fell to the ground.
“The struggle continued and Seymour found himself on the ground with Atkinson trying to pull the detective’s weapon from its holster.
“Seymour was able to keep the weapon holstered.
“Atkinson stood up, walked a short distance and stopped, all the while keeping his left hand in his pocket.
“That’s when Seymour ordered Atkinson to show his hands. The shooting followed shortly thereafter,” reported the TCSD.
Claypool said witnesses they interviewed give a much different story, saying that Seymour and Atkinson appeared to be in a “casual conversation” during the traffic stop and it was not until Atkinson reached into his pocket to obtain his driver’s license that the struggle began.
Claypool claims the county coroner said in his report that the shots were fired from a “crouched” position and not from a horizontal position on the ground. He also said, “We had two witnesses from nearby business who would have testified hey saw him (victim) running away from the victim. Zack was at least 10-15 feet away from Seymour.” He also said one witness told him the victim did not have his hands in his pocket when he was shot.
Claypool said Seymour also used a choke hold on Atkinson, a hold barred by TSCD policy.
“I’m hoping this settlement will bring about change and training in that department in the use of deadly force,” said Claypool who has handled many excessive force cases and is handling another in Tulare County.
The suit, which originally sought several more millions of dollars, was filed in early 2009.
Attorney Brian Claypool of the Claypool Law Firm in Pasadena, said the county settled this week in federal court where the suit was scheduled for trial on May 24. Jeff Forbes with the county confirmed the settlement on Friday, saying the county did not admit to any wrongdoing in settling the case.
Claypool represented Zachary Allen Atkinson’s mother, Beth Atkinson; while co-counsel was Dale Galipo who represented the man’s father, Kurt Brackob.
Atkinson was shot about 3 p.m. on Sept. 12, 2008 on North Grand Avenue after a traffic stop was made on him by TCSD Detective William Seymour, an 18-year veteran with the department who was in an unmarked patrol car. Seymour was not in uniform.
According to reports, the two men got into a scuffle shortly after Seymour pulled over Atkinson who was driving a motorcycle. Seymour pulled him over because he said the motorcycle matched the description of a motorcycle reported stolen.
Seymour said he shot the man because he feared for his life, but Claypool said eyewitnesses and others who were prepared to testify, disputed that.
“This young man was shot in the back. When he was shot, he was not posing a threat to Detective Seymour,” said Claypool. No weapon was found on Atkinson.
Atkinson, who grew up in the Springville-Porterville area, suffered two gunshot wounds to the buttocks and a fatal shot to the middle of his back. He was pronounced dead at Sierra View District Hospital.
The sequence of events leading to the struggle outlined by the sheriff’s office in 2008 said “Seymour was driving north on Highway 65 when he saw a motorcycle, matching the description of one reported stolen out of Lindsay, traveling south on the highway.
“Seymour was at the intersection of Highway 65 and North Grand Avenue, in the left turn lane, behind Atkinson.
“Both were stopped for a red light. Seymour had not activated any emergency lights to initiate the traffic stop.
“While waiting for the light to turn green, Atkinson ran the red light and drove east on North Grand Avenue. Seymour waited for the light to turn green and followed the motorcycle, which had stopped on the north side of the roadway in a dirt turnout. Claypool said the detective never activated his lights and siren.
“Atkinson was still on the motorcycle.
“Seymour parked his vehicle near the motorcycle, got out and identified himself. He asked Atkinson for paperwork for the motorcycle and for identification.
“Atkinson began to put his hands in his pockets, and Seymour asked him to keep his hands in view. Atkinson then started the motorcycle and looked like he was going to flee.
“Seymour held on to Atkinson and managed to turn the motorcycle off.
“A struggle ensued, and Atkinson again managed to start the motorcycle.
“The motorcycle lunged forward several feet while Seymour was still holding on to Atkinson. The detective managed to stop the motorcycle and both fell to the ground.
“The struggle continued and Seymour found himself on the ground with Atkinson trying to pull the detective’s weapon from its holster.
“Seymour was able to keep the weapon holstered.
“Atkinson stood up, walked a short distance and stopped, all the while keeping his left hand in his pocket.
“That’s when Seymour ordered Atkinson to show his hands. The shooting followed shortly thereafter,” reported the TCSD.
Claypool said witnesses they interviewed give a much different story, saying that Seymour and Atkinson appeared to be in a “casual conversation” during the traffic stop and it was not until Atkinson reached into his pocket to obtain his driver’s license that the struggle began.
Claypool claims the county coroner said in his report that the shots were fired from a “crouched” position and not from a horizontal position on the ground. He also said, “We had two witnesses from nearby business who would have testified hey saw him (victim) running away from the victim. Zack was at least 10-15 feet away from Seymour.” He also said one witness told him the victim did not have his hands in his pocket when he was shot.
Claypool said Seymour also used a choke hold on Atkinson, a hold barred by TSCD policy.
“I’m hoping this settlement will bring about change and training in that department in the use of deadly force,” said Claypool who has handled many excessive force cases and is handling another in Tulare County.
The suit, which originally sought several more millions of dollars, was filed in early 2009.