He Allegedly Went Berserk on Harbor Boulevard : Slain Mental Patient’s Family Files Suit Against Police Agencies

The family of a chronic mental patient who was shot and killed by a Santa Ana police officer filed a wrongful death suit Thursday against the Santa Ana and Costa Mesa police departments, the cities of Santa Ana and Costa Mesa and three police officers.

Last December, David L. Belcher, 34, allegedly went wild during early morning, rush-hour traffic on the 2800 block of Harbor Boulevard in Santa Ana, near the border of Costa Mesa, and ran up and down wielding a 6-foot length of metal pipe and smashing car windows.

Police said at the time that Belcher seemed not to understand when they ordered him to drop the metal pipe. According to an eyewitness, Belcher swung the pipe at Santa Ana Police Officer George Garcia, who ducked and fired his shotgun.

According to the suit, which was filed in Orange County Superior Court in Santa Ana, “David L. Belcher was assaulted and battered by the defendants . . . (who) fired a .12-gauge shotgun into the chest of David L. Belcher, causing his death.”

“Mr. Belcher had a history of emotional problems arising from his tenure in the Vietnam War in the Air Force,” said Mark Mitchell Geyer, attorney for Belcher’s mother, wife, sisters and brothers, who filed the suit. “He was treated for post traumatic stress disorder on and off for years.”

Although no specific amount of money is named in the suit, the Belcher family is asking for hospital and medical expenses and general damages.

Spokesmen for the Santa Ana and Costa Mesa police departments refused to comment on the suit.