San Bernardino to pay nearly $5 million to family of man shot by police. Family says he was unarmed
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- The city of San Bernardino agreed to pay nearly $5 million to the family of a man killed in 2023 by police after a foot pursuit.
- Police say the man, Robert Brown, was armed. His family say a body-cam video shows he was empty-handed at the time of the shooting.
The city of San Bernardino has agreed to pay nearly $5 million to the family of a man killed by police during a foot pursuit in 2023, with most of the settlement expected to go to the man’s young son, according to lawyers for the family.
Police alleged Robert Brown was holding a firearm as he ran from police and jumped over a fence, but relatives of the 28-year-old man claimed body-camera video of the deadly shooting suggested Brown was empty-handed when he was shot.
A video edited and released by San Bernardino police of the incident shows Brown holding what appears to be a handgun just moments before he climbs over a backyard fence, and is shot through the fence by the officer.
On Wednesday, city officials announced after a closed session meeting that they would agree to a $4,875,000 settlement with Brown’s family, said Jeff Kraus, a spokesperson for the city.
An attorney for Brown’s family at one point accused police of planting a gun after the shooting, stating it took police hours to find the firearm following the shooting.
Unarmed Mickel Lewis Sr. was killed by Sheriff’s Deputy Jason Ayala. The jury award is the second-highest in a police shooting case in California, an attorney says.
Police said in an initial news release that a motorcycle officer tried to pull Brown over at 6:45 a.m. on Dec. 27, 2023, because of a vehicle code violation near 7th Street and Sierra Way.
But instead of stopping, Brown ran away from the officer, jumping over a backyard fence.
“Stop! Get on the Ground!” the police officer, identified as Jackson Tubbs in the initial claim filed by the family, is heard yelling at Brown in body-camera footage. “Get on the ground!”
Police alleged Brown was holding a 9-millimeter handgun.
In the initial claim filed with the city, attorneys for the family pointed out that the video showed Brown pulling himself over the fence with both hands empty, suggesting he wasn’t holding a gun in either hand.
But the video released by police shows Brown tumbling for a second after running from his car, and a still image appears to show him holding a handgun in his right hand. The police video also shows Brown pulling himself over the fence with both hands.
Lt. Jennifer Kohrell, who narrates the video, said the video shows Brown tossing the gun over the fence before climbing over, and is seen by Tubbs kneeling down on the other side of the fence. In the video, it’s not clear if Brown tosses an object over, and he is not visible beyond the fence.
The video shows Tubbs doesn’t immediately jump over the fence in pursuit of Brown, but instead shoots through the fence, fatally wounding Brown.
Attorney Brad Gage, who filed the suit on behalf of Brown’s sister, Victoria Brown, said Brown’s parents will receive $175,000 of the settlement.
The rest of the funds will go to the estate of Robert Brown, whose primary beneficiary is expected to be his son, who was 6 years old at the time of the shooting.
“It all goes to the benefit of the child, but has to be approved by a judge,” Gage said. “This is all about protecting the child.”
The funds would be put away until the child’s 18th birthday, he said. A judge would determine who would serve as the boy’s guardian.
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