On February 4th, 2020, Shasta County Sheriff’s Sergeant Jose Gonzalez shot and killed Thomas Barbosa, a 41-year-old combat veteran with severe PTSD. Barbosa was experiencing hallucinations, which prompted his wife to dial 9-1-1 for emergency medical assistance. Due to Barbosa’s history with mental health problems, the Shasta County deputies had his wife leave the home with her children and meet them in a parking lot, hoping to handle Mr. Barbosa’s hallucinations without his wife or children present. Out of concern, Barbosa followed his wife and children in his truck, wondering why they were leaving him in such a state. He had not threatened them, nor committed any crime.
Sergeant Gonzalez pulled over Barbosa’s truck for expired registration in an attempt to stop him so that they could talk. Barbosa fled, causing deputies to pursue him in a high-speed chase, even using a police helicopter to track him, despite knowing that he was having PTSD war flashbacks and hallucinations. During this pursuit, Barbosa tried to drive down a steep hill and rolled his truck. Sgt. Gonzalez, along with other officers, approached his crashed truck with guns raised.
Through the window of the truck, officers could see Barbosa in a very disoriented state, brandishing a steak knife. Canine Deputy Thomas Fleming ordered Barbosa to come out of the truck, or he would be bitten by his K-9 unit. Meanwhile, Sergeant Gonzalez, a trained sniper, ordered Barbosa to stay in the truck, while he had an assault rifle aimed at Barbosa.
Deputy Fleming sprayed pepper spray into the truck to try to force Barbosa out. Barbosa then made some movements that seemed to officers that he was trying to squeeze through the open back window of the truck. Upon his perceived attempt to exit, Sgt. Gonzalez shot him with his assault rifle from over 30 feet away. The nearest deputy was over 23 feet away. Barbosa was still inside his truck when Gonzalez shot him.
While Barbosa lay dying and helpless inside his truck, Sgt. Gonzalez and Deputy Fleming used the K-9 unit to extract Barbosa’s limp body from the truck. After the dog repeatedly bit Barbosa for over 20 seconds, deputies intervened and pulled Barbosa from the truck. He died at the scene.
Barbosa’s family retained Haddad and Sherwin LLP to represent them in a wrongful death lawsuit in federal court. On the eve of trial, Shasta County agreed to pay the family $12,000,000 to avoid a trial.
Thomas Barbosa is survived by his wife, mother, and three children.
Haddad and Sherwin, LLP are civil rights attorneys based in Oakland, CA. They commonly represent the victims in law enforcement-related deaths, particularly from unlawful police shooting and restraint asphyxia. Contact Haddad & Sherwin for a free consultation if your loved one has died at the hands of California law enforcement officers of in a California county jail under questionable circumstances.
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