Sammy Galvan Wrongful Death Lawsuit Gets Under Way in Fresno

Sammy Galvan Wrongful Death Lawsuit Gets Under Way in Fresno
By Mike Rhodes

According to Walter Riley, an attorney representing the Galvan family, Sammy Galvan was shot in a hail of bullets fired by Modesto Police officers. Galvan had been laying on the bed in his cottage about 1 a.m. Aug. 22, 2004 when officers shined flashlights on his face. Riley said in his opening statement that Galvan was startled and stood up. Before he could comply with officers demands that he stop, he was hit by four out of eight 45 caliber hollow point bullets fired by officers Lyndon Yates and Mirl Morse.

Riley said that they will show that the officers were not in danger. “The only justification for the shooting is if Sammy was throwing a knife,” Riley said. Illustrating the trajectory of the bullets that hit Galvan on his right side, Riley said they will show the jury that Galvan was not positioned to throw a knife and that he did not pose a threat to the officers. In his opening statement Riley addressed another aspect of the case. He said they would show that the police were also guilty of an “illegal assault and battery against Ramon,” Sammy’s father.

Susan Galvan gave dramatic testimony about the unfolding events the night of her son’s death. She said she arrived shortly after the shooting to yellow crime tape and police cars everywhere. When she tried to go into her home she said she was held back by an officer who pointed a rifle at her. When she saw her son being wheeled out of the backyard on a Gurney she begged to go in the ambulance. She shouted out “if you can hear me I love you” as her son was taken away. Susan described how she had to drive herself to the hospital and was kept uninformed about Sammy’s death for several hours.

Susan described how she found out her son had died. An officer led her to a room where her husband was being held. “He was there, in handcuffs, and his arm was all swollen. I asked him if he knew anything about Sammy and he told me he was gone.” Susan broke down and was visibly shaken by telling the jury what had happened.

Modesto Deputy City Attorney James Wilson cross examined Susan Galvan, questioning her about “weapons” the family had in the house. Susan Galvan told Wilson that they did not have any weapons in the house. Wilson referred Susan to an exhibit that pictured a household knife and pressed her to say that it was a weapon. Susan said it was a kitchen knife and insisted that she did not consider it a weapon. Wilson pressed the point about the kitchen knife and asked why Susan had not mentioned the “weapon” during a 911 call made earlier in the evening. Susan said she just thought of the knife as a kitchen utensil and not a weapon.

Wilson’s cross examination of Susan Galvan will continue on Tuesday morning. This is expected to be followed by testimony by Yesenia Perez, Sammy’s girlfriend at the time of the incident. She was an eye witness to the shooting.

The Modesto Bee ran an article about the Galvan case in this morning’s paper. That article can be seen here: http://www.modbee.com/1618/story/234909.html