Register | Forums | Log in

Clearlake wrongful death claim tossed

Family can now sue over police shooting

Published: Tuesday, August 26, 2008 at 3:40 a.m.
Last Modified: Tuesday, August 26, 2008 at 5:11 a.m.

The Clearlake City Council has rejected a $30 million wrongful death claim filed by the family of a man who was shot and killed by a city police officer.

The council decision lifts a barrier to the filing of a civil lawsuit stemming from the death of David Vestal, 63, on Aug. 14 at a mobile home park on Old Highway 53.

Police said they went to the home in response to call about a disturbance when Vestal appeared in the doorway and leveled a shotgun at officers.

The family says Vestal was unarmed.

"It is our understanding that when David Vestal came out of the residence, he was shot without warning. He did not have a shotgun or any other firearm," said Lakeport attorney David Anderson, who is representing the family.

Clearlake Police Lt. Mike Hermann said an investigation by the Lake County District Attorney's Office, which is pending, should clear up the issue.

A shotgun was found at Vestal's side, he said.

"We don't think there's going to be any wrongdoing on the part of the officers," Hermann said.

His department has refused to identify the officers involved in the shooting, though they apparently have returned to duty.

The claim also alleges civil rights violations, severe emotional distress, assault and battery, false imprisonment and physical injuries.

The claimants include Vestal's daughter, Shavon Marie Vestal, her 3-year-old son, Jadin, and Jadin's father, Sean Paul Bremer.

Shavon Vestal and Bremer contend they were falsely imprisoned the night of the shooting.

Police said Bremer engaged in an altercation with police before the shooting and was arrested. Shavon Vestal was booked on a no bail warrant.

The family denies there was a fight at the home preceding the arrival of police, Anderson said. They say police came to the home in response to a call that a firearm had been stolen, he said.

You can reach Staff Writer Glenda Anderson at 462-6473 or glenda.anderson @pressdemocrat.com.

All rights reserved. This copyrighted material may not be re-published without permission. Links are encouraged.

Comments are currently unavailable on this article

▲ Return to Top