Stun-Gun Case Ends in Record Payment : Ventura: The city, facing a $2-million claim, approves a settlement of $150,000 for an epileptic driver who was jolted repeatedly by an officer.

In the largest known settlement by the city, Ventura agreed Thursday to pay $150,000 to an epileptic motorist who was shocked repeatedly with a stun gun by a Ventura police officer.

The settlement ends a $2-million claim that Donn Christensen Jr., 26, filed against the city and motorcycle patrolman Steven Mosconi on July 26.

The claim alleged that Christensen suffered psychological and neurological damage when Mosconi shocked him nine times with the 50,000-volt Nova Stun gun June 23.

Mosconi’s report says he used the stun gun to get Christensen’s keys away from him when Christensen didn’t respond to his orders as he sat groggily in his truck after suffering an epileptic seizure and causing a minor traffic accident.

Attorneys for Christensen and the city said they hammered out the details Wednesday night and presented the $150,000 offer to Christensen on one condition: the amount was non-negotiable.

Christensen officially accepted the offer Thursday morning, according to his attorney, Sanford Gage, who said he expects the money to be paid within 20 days.

Gage said the settlement is less than the $250,000 he demanded from the city two weeks ago, but he conceded that it would have cost at least $50,000 in legal fees just to file a lawsuit in the case and take depositions from witnesses.

Christensen said he wanted to end the dispute quickly.

“My attorney wanted to pursue the case, but my doctors recommended that I put it behind me and settle it as fast as I can,” Christensen said Thursday.

“It would be better for my own well-being emotionally and physically than to go through five years of courts and lawyers,” he said. “I wasn’t looking forward to that. My attorney will have to settle for less cash. I have to live this life.”

Christensen said about half the money will pay for Gage and the doctors; he plans to spend the other half at Pierce College pursuing a bachelor’s degree in journalism.

Ventura Mayor Richard Francis said the city settled to avoid the risk of a costly jury award. The city easily could have spent $150,000 on legal fees had Christensen filed suit in U.S. District Court, he said.

“It’s a business decision,” Francis said. “Even if we had a great case, we would still be facing some potential that the jury wouldn’t agree. When we had our closed session and the ups and downs were explained to us, the way I evaluated it was there was a reasonable chance of a defense verdict.

“But even if there was only a 5% chance, the plaintiff would get a judgment out of it, why spend $150,000? Why roll those dice?” Francis said.

Chief Assistant City Atty. Michael Dougherty agreed.

“I think in any alleged civil rights case there’s always a substantial possibility that you could have a runaway verdict,” Dougherty said.

Dougherty and Francis said that, to their knowledge, the $150,000 offered to Christensen is the largest settlement of a lawsuit the city has ever made.

The city will forward the settlement agreement to Christensen for signature “within the next day or two,” said Joe Henderson, the attorney who represented the city against the civil claim. He declined to comment further.

Police Capt. Ken Thompson, who is acting chief while Chief Richard Thomas is on vacation, confirmed that the $150,000 settlement was reached but would not discuss it further.

Meanwhile, the FBI has completed its investigation and filed a report with the U.S. Department of Justice in Washington, D.C., on a civil rights complaint that Christensen filed, Special Agent Jim Neilson said.

Mosconi was suspended for 20 days without pay, the maximum punishment allowed by the city short of dismissal.

Despite the settlement, Francis continues to defend the stun gun as part of the Ventura police arsenal.

“It’s a middle ground of force,” Francis said. “While one can regret what happened with Mr. Christensen, he has no physical scars as a result of the use of force . . . And that, as regrettable as it may be, is far preferable to using a nightstick or dislocating his shoulder or shooting him.”