On Tuesday, Aug. 17, a jury in the Riverside Federal Courts found in favor of the San Bernardino County Sheriff’s Department in a use of force lawsuit relating to an incident in which Daryll Speer was shot and paralyzed in a deputy-involved shooting in Yucca Valley in January 2018.
Plaintiff Daryll Speer alleged excessive force was used by the sheriff’s department and employees who responded to a call for service on Jan. 8, 2018. Speer was represented by Attorney Dale Galipo from the Law Offices of Dale K. Galipo.
In February 2020, the San Bernardino County Sheriff’s Department and involved personnel were served with a lawsuit alleging multiple civil rights violations, including excessive force. Christopher Wesierski and Michelle Prescott from Wesierski and Zurek LLP defended the deputies and department in Federal Court for almost two years.
On Tuesday, Aug. 10, a jury trial commenced in Riverside Federal Court before Honorable Jesus G. Bernal. Wesierski and Prescott presented the case before the court on behalf of Deputy Alex Millan and the department. Galipo presented the case on behalf of Speer.
By the conclusion of the fourth day of trial, the jurors heard the entire case. On Tuesday, Aug. 17, the jury found in favor of Deputy Millan and concluded he did not use excessive force when he fired his duty weapon at Speer.
The original call for service was in the county area of Yucca Valley regarding an area check for individuals who were going through residential yards. Responding personnel included deputies Alex Millan and Jonathan Galindo.
According to a sheriff’s department press release, when the deputies arrived, Speer was found carrying a loaded shotgun in a dirt wash. Speer refused to comply with repeated commands to drop the gun, walked up a dirt embankment, and turned the gun toward Deputy Galindo. Deputy Millan fired his weapon striking Speer one time.
Deputies immediately summoned medical aid and Speer was transported to the hospital for treatment. Speer survived his injuries but was paralyzed from the chest down.
The District Attorney’s Office filed charges of felony assault with a firearm, felon in possession of a firearm and felon in possession of ammunition. His court case number is FMB18000461. He is currently in custody at the West Valley Detention Center awaiting trial.
The San Bernardino County Sheriff’s Department encourages the public to become informed on civil court cases. State lawsuits can be reviewed at sb-court.org/divisions/civil-general-information/court-case-information-and-document-sales. To review federal lawsuits, an account can be created on pacer.gov. With this account information, cases can be reviewed by any member of the public.