Mentally ill man shot by Tacoma police officer in 2013 set to receive $6M settlement
Tacoma City Council will consider a motion Tuesday to approve payment toward a $6 million settlement involving a man who was shot and injured by a Tacoma police officer in 2013.
Cesar Beltran-Serrano and his family sued the Tacoma Police Department after the shooting, alleging negligence and assault and battery.
A Superior Court judge dismissed the negligence claim, but Beltran-Serrano appealed, and the state Supreme Court reversed the decision in a 5-4 ruling in 2019. The decision determined Beltran-Serrano could pursue damages against the city.
On Tuesday, Tacoma City Council will vote whether to authorize a $2,633,302 payment toward the full and final settlement of all claims against the city by Beltran-Serrano and his family. The motion states the balance of the $6 million settlement would be paid by the city’s excess liability insurance carrier.
A city spokesperson said in a statement to The News Tribune on Monday that “this settlement will be presented and considered by the City Council at their January 11, 2022 City Council meeting. However, until we have a signed settlement agreement, we cannot comment further on the terms of the settlement.”
Reached by phone Friday, Jack Connelly, attorney for the Beltran-Serrano family, said the case was an important one.
“It’s justice for a man that never should have been shot,” Connelly said.
According to court records, Beltran-Serrano was 53 years old at the time of the shooting. He speaks limited English and is mentally disabled. On the afternoon of June 29, 2013, he was standing at the corner of East 28th Street and Portland Avenue, where police had received complaints about panhandling.
Officer Michel Volk approached Beltran-Serrano with the goal of advising him of the city’s panhandling laws, according to Washington Supreme Court records. As she approached, Beltran-Serrano laid down and started digging a hole. He shook his head when Volk asked if he spoke English, and she called for another officer who spoke Spanish.
Volk asked for identification and kept trying to communicate, at which point Beltran-Serrano started to run away, and Volk shot him in the back with a stun gun. When he kept running, Volk fired multiple shots from her firearm and Beltran-Serrano fell to the ground.
Charging papers filed against Bertrand-Serrano said he hit Volk with a piece of metal when she approached and refused to drop it.
He was found incompetent to stand trial, and the police department later determined Volk acted within department policy in November 2013.
This story has been updated with a comment from the city of Tacoma.
This story was originally published January 8, 2022 at 5:00 AM.
