HomeMy WebLinkAboutR-85-10691 /IN
J-85-1041
10/10/85
RESOLUTION NO. 9-' ' Lt Tj
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FI14ANCE TO PAY TO SORELLY SALAZAR, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF
FABIO de JESUS GUZMAN; MARIA GUZMAN; KATHRINE
GUZMAN, BY AND THROUGH HER MOTHER, MARIA
GUZMAN, A SUM SUFFICIENT TO PROVIDE, CERTAIN
LUMP SUM AND PERIODIC PAYMENTS AT A TOTAL
COST OF FOUR HUNDRED FIFTY THOUSAND DOLLARS
($450,000.00), WITHOUT ANY ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, PEDRO GONZALEZ, INDIVIDUALLY
AND AS A FORMER POLICE OFFICER OF THE CITY OF
MIAMI, EDUARDO ROQUE, INDIVIDUALLY AND AS A
POLICE OFFICER OF THE CITY OF MIAMI, AND
KENNETH T. HARMS, INDIVIDUALLY AND AS THE
CHIEF OF POLICE OF THE CITY OF MIAMI UPON THE
EXECUTION OF A RELEASE AS TO ALL CLAIMS AND
DEMANDS.
WHEREAS, SORELLY SALAZAR, as Personal Representative of the
Estate of Fabio de Jesus Guzman, by and through tier attorneys,
Joel Hirschhorn, P.A. and Anderson, Moss, Russo & Gievers, P.A.,
filed a claim against the City of Miami pursuant to 42 U.S.C.-
§1983 for a violation of civil rights and certain pendent State
t claims resulting from an incident that occurred on April 10, 1983
when former City of Miami police officer, Pedro Gonzalez shot
and killed Fabio de Jesus Guzman in the City of Miami; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's office and in accordance with
Ordinance No.8417, which created the City of Miami's self-
insurance program, the City Attorney's office recommends that
this claim be settled without any admission of liability at a
total cost of Four Hundred Fifty Thouasand ($450,000.00)
Dollars which sum is to be used to provide both lump sum payments
and the purchase cost of an annuity providing certain periodic
payments in full and complete settlement of any and all claims
and demands against the City of Miami, Pedro Gonzalez, indivi-
dually and as a former Police Office of the City of Miami,
Eduardo Roque, individually and as a Police Officer of the City
of Miami and Kenneth I. Harms, individually and as the Chief of
Police of the City of Miami upon the execution of a Release as to
WEETING OF
'OCT'10 '1965
s
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"IN `N
all claims and demands arising from the subject incident;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Sorelly Salazar, as Personal Representative
of the Estate of Fabio de Jesus Guzman, Maria Guzman, indi-
vidually and Maria Guzman as surviving parent of Kathrine Guzman
certain lump sum and periodic payments having a total cost of
Four Hundred Fifty Thousand ($450,000.00) Dollars, without any
admission of liability in full and complete settlement of any and
all claims and demands upon the execution of a release, releasing
the City of Miami, Pedro Gonzalez, individually and as a former
police officer of the City of Miami, Eduardo Roque, individually
and as a police officer of the City of Miami and Kenneth I.
Harms, individually and as the Chief of Police of the City of
Miami from all claims and demands.
PASSED AND ADOPTED this lOth day of OCTOBER , 1985.
t
fNTIrR--`FFit_ 4. ..tE:'+,t car'4PLrht
lionorable--Kayor and Members rIctober 10, 1985 L-83-64
of the Cit mmission
Sorelly Salazar, Personal Repr_e-
se; -ative of the %st-ate of Fabio
de Jesus Guzman v. City, et al.
Lucia A. Do6gherty
r_ City Attoey Case No. 83-2402-Civ-Kehoe
United States District Court
On the night of April 10, 1983,CitY of. Miami probationary
police officers, Pedro Gonzalez and Eduardo Roque were dispatched
to the area of North Miami. Avenue and 50th Street clue to a
complaint of loud music received from a neig1hinor in the area.
Upon arrival, the officers became embroiled in an argument with
the attendees at a party in that neighborhood. This argument
degenerated even more when it became centered upon the party's
host who allegedly tried to gram one of the officers at the same
time that the oif.icers were reaching out to him in order to place
him under arrest.
In the strugqle that ensiled, the host was struck on the
forehead with a police flashlight held by officer Gonzale3. The
individual (party host) became enraged and ran inte.) his home.
Officer Gonzalez allegedly ran into the room where the host was
located only to be accosted by him with a Bair- of tin shears.
Gonzalez claims that he was in the room and that the party host
was 2 to 5 feet away from him at the time he shot. Eye witnesses,
who were attendees at the party, reported that Gonzalez was not
in the room and, in fact, that lie was still outside the mouse
when he fired. Gonzalez shot Mr.. Guzman, the party host, twice
and he died on the scene.
In the investigation that followed this incident, it was
discovered that recommendations had been made to terminate
Gonzalez as early as two months after he graduated from the
Academy. His overall performance was marginal and based upon
that fact and a prior shooting (which occurred in October 1982)
Gonzalez was terminated by former Chief Harms. With regard to the
subject shooting, Gonzalez was exonerated by the Grand Jury which
reviewed the matter and did not find sufficient evidence to
indict him for any criminal offense.
The means of reviewing the prior shooting in which Gonzalez
was involved became a central issue in this Federal Civil
lawsuit, in that Plaintiff claimed that the Police Department did
not follow its own guidelines and was tartly in this regard
thereby allowing Gonzalez to have been on duty on the night of
the incident. This claim centered on the review process regard -
SS -~ 1069
1
Honorable Mayor and Members October 10, 1985
of the City Commission Page 2
ing the October 1982 shooting, which had been found to be outside
departmental guidelines although lawful under then existing State
law. Plaintiff also claimed a general policy of negligent
retention existed within the police Department so that Gonzalez
was allowed to be on duty on the night of the incident. In
addition, the Complaint filed in this matter alleged various
pendent state claims including assault and negligent hiring
retention and supervision.
The deceased, Fabio de Jesus Guzman, was approximately 32
years of age at the time of his demise. His widow is today 29
years old and they have a daughter who is age 5 at this time.
Although the Law Department in assessing this matter
believes that there would be a 50/50 chance of success in
defending this action, recent experience in death cases where
violation of Section 1983 civil rights is claimed has provided a
jury verdict of approximately $600,000.00. In addition, settle-
ment of such cases in two other instances were approximately
$450,000.00 and $625,000.00 respectively. Notwithstanding the
foregoing, recent developments concerning former police officer,
Pedro Gonzalez, mitigate in favor of settlement of this matter in
that Gonzalez is accused of killing his girlfriend as a result of
a domestic dispute and he confessed to being the "pillowcase"
rapist (although this was disproved by blood tests). This present
circumstance raises the question of whether Gonzalez could
testify at the trial of this matter in light of his present
predicament.
Based upon the foregoing, the Law, Risk Management and
Police Departments recommend a settlement of this matter in the
amount of $450,0 00.00, of which a portion will be paid in cash
and the balance will be used to purchase a structured settlement
providing monthly income to the widow, and lump sum payments in
the future to the widow and the surviving daughter.
LAD/LO/cm 033