Santa Ana Will Pay $1.7 Million to Family of Homeless Man Killed by Police

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The Santa Ana City Council Tuesday approved a 1.7-million settlement with the family of a homeless man shot and killed by police in 2013.

The 22 year-old man, Kevin Arellano, was walking on a sidewalk on S. Harbor Boulevard when Officer Jessica Guidry responded to call about a man under the influence who was disturbing people, according to a Orange County District Attorney’s Office investigation.

Arellano ran when he saw the officer, and the two ended up in front of a juice shop, where Arellano approached Guidry aggressively, according to the DA’s office. Guidry killed Arellano with a single shot to his chest.

Arellano’s family filed a lawsuit against the city in Nov. 2014, claiming Guidry should have used non-deadly force.

The plaintiffs included Arellano’s mother Eva Gloria Sanchez Mejia, father Jose Eduardo Arellano, Kevin Arellano’s daughter, and his now-3 year-old son, who was born four months before the shooting.

The city fought the case, but ultimately decided to settle before trial.

Council members voted 4-0 Tuesday night to resolve the case with a $1.7 million payment to Arellano’s family and lawyers. Council members David Benavides, Michele Martinez and Vicente Sarmiento were absent.

There was no comment from the city or Dale Galipo, attorney who represented the family.

Nick Gerda covers county government and Santa Ana for Voice of OC. You can contact him at ngerda@voiceofoc.org.

  • BeeBee.BeeLeaves

    Bummer. Pretty much washes the grants they recently got. Do these settlements come out of the PD budgets, or are they paid through the general fund by ThePeople? Which then would mean that what one individual did has now cost the whole bunch in the community. Bigger bummer.

    • LFOldTimer

      From the PD budget? Are you being facetious?

      This is borne by the innocent taxpayers. The same ones who are barred from examining the facts of the case that led to the $1.7M settlement. You have the obligation to pay. But you don’t have the right to know.

      Then out of the other side of their mouths they tell you that the government is of, by and for the people and that they are your servants.

      Welcome to the Twilight Zone.

      • BeeBee.BeeLeaves

        LOL. No. I was serious. I really did not know. Logic, common sense tells me it comes out of the PD budget. You did this, you pay for it. Why should ThePeople get stuck. Or is there insurance for things like this?

        In any case, ignorance is not bliss. What that amount of money could do for the community. Two steps forward, six back. We press on … with big fat monkeys on our back, pounding the top of our heads, like drums. Ouch.

        • LFOldTimer

          I have no idea what the insurance contract covers for Santa Ana. But who pays for the insurance? The innocent taxpayers, of course. The insurance premiums aren’t paid from the PD budget. Insurance companies never lose.They recoup the payment plus more. What happens to your homeowners insurance rates when you file a big claim? If they retain you as a client – your premiums go viral.

          The bottom line is that the people are obligated to pay but are not entitled to know the facts that led to the large settlement.

          What would you tell your auto mechanic if he handed you a $2000 bill but refused to give you a detailed accounting of what led to the hefty bill?

          • BeeBee.BeeLeaves

            Ugh. We.are.serfs. We.are.mad.
            Pitchforks. Not just for compost bins anymore.
            Torches, everyone, light those torches!

  • Paul Lucas

    What happened to the cop?

    • LFOldTimer

      How many times have we seen similar scenarios?

      Police mess up and kill somebody without good cause. Family files suit. City/County looks at the facts and realize the cop(s) messed up. City/County realizes that if the case goes to trial it would be a huge embarrassment to the cop(s) and the judgment would be off the charts. Negotiations ensue and the city/county settles to pay $millions$ in taxpayer dollars to the family. City/county buries all the evidence related case so that the public (who were forced to pay the settlement) do not have access to the facts of the case. The public is forced to pay the large settlement but is not allowed to know the specifics that led to the large settlement. The cop pays nothing. The cop keeps his or her job (gun and badge). The cop is put back on the street after a paid vacation.

      Warning to all commoners and plebes: Don’t try this at home.

      Welcome to the land of the free and the home of the brave.

      Lather, rinse, air dry…..repeat.

      • Paul Lucas

        Amen. The only solution IMHO is repeal of POBOR

        • BeeBee.BeeLeaves

          And what legislator will ever amend that on behalf of ThePeople? While I understand it’s the cost of doing business, that’s a lot of money. And what chaps my hide is that we are in essence rewarding the surviving family for their criminal relative not respecting the laws of our civilized society. Why are we rewarding people for not educating, minding or caring for their family member in the first place? so they are not locked up or dead in the second place. What a good ship lollypop lottery ticket that is.

          That being all said, my LEO family member reminds me that some of these individuals, especially drugged up ones, leave you no choice at that mere moment, that second in time. Case in point, Sgt. Owens in Lancaster and the two officers in Palm Springs. Benefit of the doubt towards those worthless, no good, life criminal thugs, got them killed.

        • LFOldTimer

          I hear that all the time. But don’t you realize the chances of POBOR going bye-bye are about the same as a 3-legged horse winning the Kentucky Derby?

          The safety unions own the politicians. Common knowledge. Look, the police union gave DO $86,000. ha. Does it surprise you that he votes for big police pay raises, bigger police budgets, slipshod oversight, etc???

          This is like the Chicago underworld. Donations and endorsements for protection.

          Whatever integrity we had left in government is gone, Paul.

          The rat race is over. The rats won.

  • David Zenger

    Approached her “aggressively.”

    What does that even mean?

    • LFOldTimer

      It doesn’t say but maybe he was wearing a scary clown costume.

      • David Zenger

        Undoubtedly reached for his “waistband.”

        • LFOldTimer

          What happened to her baton, mace and taser?

          In the academies today are cops taught to go straight for the hog when approached by a belligerent drunk?

          Perhaps it’s the new norm. Who knows?

          Back in the day cops were generally able to subdue belligerent drunks without calling the coroner.

          Was Arellano a choir boy? Probably not. Did Arellano deserve to die? Probably not.

          Hence, the $1.7M settlement.