After nearly a decade-long legal battle, Anaheim Police Department Sgt. Daron Wyatt was cleared in a civil case concerning a fatal shooting that occurred in 2009. The jury determined that Wyatt did not use excessive or unreasonable deadly force. This verdict allowed Wyatt to retire with his reputation intact, after a distinguished 33-year career in law enforcement.
Wyatt and his wife, Misty, were driving home to Orange County after a summer trip to their ranch in Wyoming when they received news of the verdict. The lawsuit had cast a shadow over Wyatt’s career, marked by his dedication to seeking justice for victims. He is known for his work in solving a notorious cold-case murder, the 1994 slaying of Cal State Fullerton student Cathy Torres, which was showcased on the Oxygen Network.
The officer-involved shooting (OIS) occurred only 14 months after Wyatt transferred to the APD from the Placentia PD, where he had served for 13 years, including 10 as a sergeant. Prior to that, he worked for eight years at other Southern California police departments. The incident not only impacted him professionally but also resulted in a debilitating back injury and chronic pain.
“I never second-guessed what happened that night,” Wyatt said. “I knew that I did what I had to do to go home to my wife and kids. I think the public sometimes thinks cops go to work every day wanting to get involved in a shooting, and that’s just not the case. It’s something that is traumatic for us and our families.”
Wyatt reflected on how the case affected his approach to policing. “I was a go-getter street cop who would go out and look to take bad guys to jail,” Wyatt said. “But because of this case, I thought twice before every contact, wondering if it could somehow land me in civil court again.”
Misty Wyatt expressed relief that the lawsuit would not affect her husband’s retirement. “He has a servant’s heart,” she said. “Sitting in a courtroom and having them (plaintiff’s attorney) basically persecute your husband day in day out, it was just rough.”
In retirement, Wyatt plans to pursue photography and write a book about his cases. The Wyatts are building a home on their ranch, Misty Moments, where they plan to raise horses, livestock, and chickens.
On August 1, 2019, the jury’s verdict in F.E.V. v City of Anaheim and Daron Wyatt determined that Wyatt did NOT use excessive or unreasonable deadly force and was NOT negligent in the fatal shooting of Adolph Anthony Sanchez Gonzalez on September 25, 2009. Wyatt described the 10-year legal battle as causing untold stress on his family and changing him personally and professionally.
Just after 2 a.m. on September 25, 2009, Wyatt and his partner, Officer Matt Ellis, were responding to a check-the-welfare call. En route, a minivan nearly collided with their patrol car. They continued to the welfare check but noted the van’s license plate. After finding the subject of the welfare check had moved on, they returned to the gas station where they had seen the van. A computer check revealed a prior arrest related to methamphetamine possession.
The officers observed the van weaving within its lane and initiated a traffic stop. As the driver made a wide turn onto a residential street, Wyatt noticed him reaching towards the back seat. During the stop, the driver refused to show his hands and reached between the seat and door panel. Wyatt struck the driver’s elbow with his flashlight, but the driver continued to resist. The driver then put something in his mouth, presumably drugs.
Wyatt saw Ellis attempting to control the driver, who was striking at Ellis’s face. Wyatt called for assistance and then entered the vehicle through the passenger side, punching the driver in the face and head. The driver then put the car into drive and accelerated rapidly, trapping Wyatt inside.
“I’m going to die. I didn’t get a chance to hug my wife and kids before I left for work. WIN THIS FIGHT!” Wyatt recalled thinking.
Fearing for his life, Wyatt shot the driver in the head. He then steered the van into a parked pickup truck to stop the vehicle. Wyatt sustained a life-altering back injury during the incident.
Gonzalez was found to be an armed and dangerous parolee at large, an active gang member, and in possession of methamphetamine and a knife. The decedent’s family filed a civil lawsuit, which was consolidated into one case.
During a deposition, Wyatt mistakenly stated the van had traveled 50 feet before he shot, which was later used by the plaintiff’s attorney to argue that the van was not traveling fast enough to pose a threat. The true distance was between 150-190 feet.
The case went through multiple appeals, including a hearing before an 11-judge panel of the 9th Circuit. The 9th Circuit upheld most findings but ruled that a jury should decide whether the use of deadly force was excessive. The U.S. Supreme Court declined to hear the case, sending it back to the District Court for trial.
The trial was bifurcated into two phases: liability and damages. The judge excluded Gonzalez’s criminal history, parole status, gang membership, toxicology, and the presence of the knife, deeming the information prejudicial.
Ultimately, the jury found in favor of Wyatt and the City of Anaheim, determining that Wyatt did not use excessive force and was not negligent.
Wyatt expressed gratitude for the verdict and acknowledged the emotional toll the case had taken on him and his family. He thanked his legal team, his wife, and the support from his colleagues and friends. He noted that the experience had changed his approach to policing but that he could now retire in peace.
Here’s is Wyatt’s account of the shooting and the long legal process that followed.