Newport Must Pay $300,000 to Victim of Police Shooting

A federal jury Thursday awarded $300,000 to a man who was shot in the back by a Newport Beach police officer, the second time in six months that the city will have to pay a substantial sum to a person shot by one of its officers.

Ricky Patrick Miller, 28, was awarded $200,000 compensatory damages and $100,000 in punitive damages against Officer Jun Payoyo. Miller charged in his lawsuit that Payoyo acted negligently and violated his constitutional rights.

Newport Beach City Atty. Robert Burnham said the city was “disappointed” with the jury’s decision and will discuss a possible appeal at its next council meeting Tuesday.

Burnham added that the damages were the largest awarded by a jury against a Newport Beach police officer in recent memory.

Last June, however, city officials agreed to pay $1.5 million in an out-of-court settlement to a man who was shot and critically wounded by another police officer who mistook the victim’s portable radio for a sawed-off shotgun.

That settlement, paid to Sundaga Bryant, 27, for the Sept. 4, 1988, shooting, represents the largest amount the city has paid for a police-related lawsuit.

In the latest case, Miller’s attorney, Douglas Applegate, argued during the weeklong trial that his client was intentionally shot by Payoyo on the morning of Jan. 23, 1988, near 39th Street and West Balboa Boulevard.

Applegate was unavailable for comment after the jury’s decision.

Payoyo’s attorneys contended that Miller, a known felon, was stopped by Payoyo during a routine investigation of a string of burglaries that had occurred in the area. As the officer led Miller to his patrol car, Miller got scared and fled from Payoyo, attorneys from both side said.

After a lengthy chase, Payoyo caught up to Miller, who started wrestling with the officer, causing his gun to accidentally discharge, Burnham said.

The bullet entered Miller’s back, punctured his right lung, exited through his chest and left one of his arms partially paralyzed.

“We are convinced that the shooting was an accident,” Burnham said following the jury’s decision.

He said the city had been dropped as a defendant before the trial, but will assume financial responsibility for Payoyo.