Claim Filed Against City in Man’s Death

The family of an Oxnard man who died last month after police subdued him with pepper spray has filed a $1.3-million wrongful death claim against the city of Oxnard. The claim was filed Monday, the same day a Ventura County coroner’s report ruled out pepper spray as a cause in the death of self-employed handyman Ray Lee Carter, 40.

County medical examiners instead attributed Carter’s death to an irregular heartbeat, an inadequate air supply and cocaine in his blood.

The Oxnard Police Department said officers pepper-sprayed Carter on May 6 after he lashed out at an officer who tried to talk to him as he was staggering down Carob Street.

But in the claim, an attorney for the family argues that police arrested Carter for no reason, violating his constitutional rights. Earnest Bell, the Ventura lawyer representing the family, adds in the claim that officers also engaged in gross negligence or malicious conduct because, he says, they failed to provide first aid or to allow paramedics to help.

“In an effort to resolve this matter short of lengthy and expensive litigation, the Carter family will accept $1.3 million . . . as full and final settlement of any and all claims against all defendants involved,” the claim states.

City Atty. Gary Gillig said Oxnard must respond to the claim within 45 days. If the city rejects the claim, Carter’s family could file a lawsuit.

“I have no recommendation to the City Council on the merits of the claim,” Gillig said. “The matter is under investigation.”