NEWPORT BEACH : Council to Appeal Ruling in Shooting

The City Council on Tuesday laid the groundwork for an appeal of last week’s decision by a federal jury to award $300,000 to a man shot in the back by a Newport Beach police officer.

The council voted in closed session to file motions for a new trial and for the judge to invalidate the jury’s verdict and issue a new ruling. Both motions are required before an appeal can be filed.

The award to Ricky Patrick Miller, 28, was the second time in six months that the city has faced paying a substantial sum to a person shot by one of its police officers. In June, the city agreed to pay a $1.5-million out-of-court settlement to a man who was critically shot and wounded by a police officer who mistook the victim’s portable radio for a sawed-off shotgun.

Despite these cases, council members remain supportive of the Police Department. Councilman Clarence J. Turner said he considers the cases to be isolated incidents.

“Overall, I think we do a pretty good job,” Turner said, adding that he feels the department’s internal investigation system guards against the use of excessive force.

Councilman John C. Cox Jr. agreed, saying that the department’s internal standards have become more strict. “It’s 10 times more thorough than it was 10 years ago,” Cox said. “Any time you have an incident like this, it raises a lot of issues. . . . The D.A. always gets involved and then if it goes to court, which seems to be popular these days, then it gets another review in court.”

Cox also said that out-of-court settlements of police cases can be misconstrued by the public. “Settlement doesn’t mean you’re guilty, but it does save taxpayers a lot of money” because of legal expenses, he said.