SAN DIEGO (CN) - An attorney for a detective wounded in an officer-involved shooting argued in federal court on Thursday that fellow officers endangered him and others when they opened fire on a suspect.

National City Police Department Detective Rowdy Pauu accuses San Diego County Sheriff's deputies David Lovejoy and Jonathon Young of excessive force when they fired at a suspect, Erik Talavera, 17 times. Talavera, who was hit 16 times, survived and is also a plaintiff in the lawsuit. The deputies maintain that they have qualified immunity against the plaintiffs' claims.

Pauu, who was working as a plainclothes detective in an unmarked police vehicle, was pursuing Talavera in the city of El Cajon, California, on Feb. 16, 2022, as part of a task force investigating car thefts in San Diego County, he says in his complaint. After surrounding Talavera in a cul-de-sac, Lovejoy and Young arrived about 50 feet from Talavera's car and opened fire without warning or coordination, according to Pauu.

According to Pauu, Lovejoy knew that Pauu was in his line of fire, but thought that he could take the shot anyway. Pauu was struck in the leg by a bullet that bounced off the ground, his attorney, Eugene Iredale, of Iredale Law, said. 

Iredale, who also represents Talavera, told U.S. District Judge Todd Robbins, a Donald Trump appointee, that Talavera did not pose an immediate threat to the officers, despite being noncompliant throughout much of the incident. 

Iredale said that Talavera was in the middle of complying with police commands and was on his hands and knees with his back to the police when he was shot. Talavera produced a knife during the incident, but Iredale argued that this was not until after the first shots were fired.

Iredale said that Young and Lovejoy immediately escalated the situation upon their arrival when they should have taken a more measured approach. 

"These officers had an obligation to stop and not use fatal force," said Iredale, who physically demonstrated the actions of his clients to the courtroom. "When Lovejoy says to Talavera to get on the ground, within one second, he is on the ground. The unreasonableness of that violation is abundantly clear."

San Diego County attorney Steven Inman, representing Young and Lovejoy, disputed Iredale's interpretation of the events. According to him, Talavera escalated the situation when he pulled a knife out of the waistband of his pants, which Lovejoy and Young believed could have been a gun.

"This is the first time I have ever heard the ludicrous theory that Mr. Talavera didn't produce a knife until after the shots were fired," he said. "Why not wait? Because if you wait, you're dead."

Once Lovejoy fired his weapon, Young believed he was being shot at and also fired his weapon, Inman said. 

"There's not one person before the court who believes Mr. Talavera was going to the ground," Inman said. "When Mr. Iredale was talking about someone who was shot who was obeying orders, there is nothing on the record to support he was obeying orders. When he says there was nothing in his hands, there's nothing before the court to suggest there was nothing in his hands."

Much of Iredale's argument relied on police body camera footage that was difficult to see due to low lighting.

"This is one of these cases with, one, minimal information, and two, a failure to slow things down and make a reasonable decision," Iredale told the courtroom. "Shooting a person who is surrendering and obeying orders who is turned away, and shooting him in the back and putting at risk three fellow officers as well as the residents in the neighborhood is shocking to the conscience." 

Talavera originally filed a separate complaint against San Diego County and the deputies for excessive force, but the two cases were consolidated.

Source: Courthouse News Service