Court

Santa Ana Police Pay $1 Million For Pre-Trial Settlement To Family Of Man Killed By Cops

By R. Scott Moxley Wed., Apr. 4 2012 at 9:00 AM
Categories: Court, Crime-iny, Main, Moxley
Santa Ana Police Killing Andres Ramirez lawsuit.jpg
Santa Ana police pay $1 million to prevent trial in shooting death
The City of Santa Ana and its police department will pay more than $1 million to get a pre-trial settlement with the minor daughter and son of an unarmed, innocent North Carolina visitor killed by police in 2010.

This week, U.S. District Court Judge Josephine Staton Tucker approved the wrongful death settlement a month before the scheduled trial in Santa Ana's Ronald Reagan Federal Courthouse.

Andres Ramirez, the 21-year-old father who was born in Santa Ana but moved out of state at 7, was walking in a neighborhood just after 9:30 p.m. on Dec. 10, 2010, when police gang officers Michael Heitmann and Frank Gutierrez ordered him to stop.

Ramirez, who'd done nothing wrong, complied and was standing with his hands up when one of the officers approached from behind and fired a fatal bullet into the back of his head, according to the lawsuit. He was pronounced officially dead the next day.

In the aftermath of the killing, police officials told reporters that Ramirez had tried to attack them with knife and had been shot in the chest.

But according to Ramirez family attorney James F. Rumm, the police version of event was a "blatantly false" attempt to cover up the illegal killing.

In his lawsuit, Rumm--a lawyer with Orange-based Douglas, Lopez & Rumm--claimed that the "intentional [and] reckless killing" represented a "far reaching and overly aggressive enforcement" policy by the Santa Ana Police Department.

Based on the settlement it's obvious that Santa Ana officials feared that a future Orange County jury might award Ramirez's children a substantially larger financial award.

Police area shooting 9.jpg
Pay to play?
According to the terms of the settlement arranged through a mediator, the two surviving children will collect $800,000 and Rumm will get $206,520 in lawyer fees and costs

Rumm originally demanded $20 million as a settlement at the outset of the case.

Susan Kang Schroeder, chief of staff at the Orange County District Attorney's office, tells me that prosecutors are reviewing whether criminal charges should be filed against the officers.

Ironically, officers Heitmann and Gutierrez had been featured on "America's Most Wanted" as brave heroes months before the Ramirez killing.

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Tags:

America's Most Wanted, Andres Ramirez, California, Douglas Lopez & Rumm, Frank Gutierrez, James F. Rumm, mediation, Michael Heitmann, North Carolina, Orange County District Attorney's office, Ronald Reagan Federal Courthouse, Santa Ana Police Department, Susan Kang Schroeder, U.S. District Judge Josephine Staton Tucker, wrongful death
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fam
fam

all of you people dont know shit he was MY cousin going thru bad times . he wasent trying to get into anything in santa ana . the police there is corupt. he had been staying at my house days before he stayed in santa ana. he was a good man.

Grumpy_gorilla2u
Grumpy_gorilla2u

"The DA never, ever charges cops. It doesn't happen. Even with the Fullerton killing of the homeless man, they haven't charged a homicide, despite all the political and media and community outrage and pressure. The OCDA DOES NOT charge cops with homicide. Period". The above comment needs to be posted on the Orange County District Attorneys Website in the message boards. But not by me!!!

Grumpy_gorilla2u
Grumpy_gorilla2u

Dennis Huffman (Grumpy Gorilla) of newport beach, you are a bozo.

Grumpy_gorilla2u
Grumpy_gorilla2u

70 to 80 percent of Santa Ana is Spanish!A Spanish dude replaced a white dude at OC Weekly his name is Gustavo which shows you that Costa Mesa is also being overrun by Spanish and the Whites don't matter to them. They will only hire thier own. No wonder Will Swaim is pissed off.

Grumpy_gorilla2u
Grumpy_gorilla2u

70 to 80 percent of Santa Ana is Spanish!

A Spanish dude replaced a white dude at OC Weekly his name is Gustavo which shows you that Costa Mesa is also being overrun by Spanish and the Wites don't matter to them. They will only hire thier own. No wonder Will Swaim is pissed off.

Knows the Deal
Knows the Deal

This piece isn't entirely accurate. Mostly, but not entirely.

Rachelle
Rachelle

my roomate's mom makes $69/hr on the laptop. She has been out of a job for five months but last month her payment was $19779 just working on the laptop for a few hours. Go to this web site and read more >>>>>>>>>:::::>>>>>>>>>goo.**gl/kzC4a<<<  (remove  **  marks form theurl)

Rachelle
Rachelle

my roomate's mom makes $69/hr on the laptop. She has been out of a job for five months but last month her payment was $19779 just working on the laptop for a few hours. Go to this web site and read more >>>>>>>>>:::::>>>>>>>>>goo.**gl/kzC4a<<<  (remove  **  marks form theurl)

Rachelle
Rachelle

my roomate's mom makes $69/hr on the laptop. She has been out of a job for five months but last month her payment was $19779 just working on the laptop for a few hours. Go to this web site and read more http://goo.gl/Ab1mm

Rachelle
Rachelle

my neighbor's step-sister made $19311 the previous month. she makes money on the laptop and bought a $397400 house. All she did was get blessed and put into action the guide laid out on this web page >>>>>>>>>>>>>>>>>LazyCash14.com

Antwandodson
Antwandodson

Well if he was climbing in my window, snatching my people up tryin to rape 'em you better hide to kids, hide to wife and hide yo cousins cause they rapin errybody out there. You don't have to run and confess, we lookin or you, we gonna find you so run and tell that homeboy!

Ogtri4fun
Ogtri4fun

You are all idiots, none of you live here in SA so you have no idea. I live in this neighborhood and yes, he is a gangster. Finally the police got rid of a piece of crap who intimidates the people that have to live here. Thank you SAPD.

Fam
Fam

your a fucking asswhole for saying that shit . Yes he was a ganster but NO he wasent having trouble with anyone in SA. Fuck you for saying that he was MY cousin. He was a lonley 21- yr man who just needed some help so fuck you get your shit straight

Knows the Deal
Knows the Deal

I have specific knowledge of this shooting. Mr. Ramirez was not a gangster. He was a father, visiting from North Carolina and staying with his aunt who had an apartment right near where he was shot. He was alone, not with gangsters. Gutierrez went to roust gangsters, but found only Ramirez and assumed he was a gangster. Ramirez' back was turned to Gutierrez. Gutierrez rolled up, and within 5 seconds had exited his vehicle and shot Ramirez in the back of the head. Gutierrez' partner testified (Gutierrez refused to testify and failed to show up for his deposition, claiming he had a sudden "cold" that morning) that Gutierrez "thought" Ramirez was going to reach into his waistband, pull out a gun and spin around, but that there was no gun, and Ramirez never spun around.

And again, he lived in North Carolina and did not belong to Los Comps or any other Santa Ana gang. He was a young father visiting his aunt in Santa Ana. Period. This was a horrible shoot.

Knowthefactsdoesntknow
Knowthefactsdoesntknow

Your facts are incorrect. Only thing that was correct was that he was visiting. He was a prior resident in SA and had gang ties to the neighborhood. No gun, but a knife. Where you came up with the 5 seconds is a mystery to me.

Grumpy_gorilla2u
Grumpy_gorilla2u

"And last time I checked he was still on patrol. And also has some police brutality cases against him".

If he's got brutality cases against him then why is he still on patrol?Suspend him or fire him without pay, even I have lost jobs for less than that.

Newportblue65
Newportblue65

Santa Ana......Santa Ana.....Where have you gone?.......

Tomkazzanski
Tomkazzanski

I guess people forget that he pulled a knife, was a gang member and 100% of you police hating bloggers were not there.

Paul Lucas
Paul Lucas

Nothing in the article says he pulled a knife. It only says that in the aftermath report. And to shoot a guy in the back of the head instead of hitting the ulner nerve making him unable to wield a knife is outright over reach. a professional policeman would have used less than deadly force. Im reminded of the two huntington beach cops that unloaded their entire clips into an 18 year old girl wielding a steak knife.

Knows the Deal
Knows the Deal

A professional policeman would shoot to kill someone wielding a knife who posed an imminent threat of bodily harm. They don't shoot for the legs or the "ulnar nerve" (and that would be quite a trick shot!). They shoot to kill. And that's as it should be.

They shoot for the torso, not the head. Gutierrez obviously missed.

Duke
Duke

And you were?

Streets
Streets

A police officer is arrested everyday in America..........yeah that gives me all the confidence in the world to believe these piggy's........ 

Westside Activist
Westside Activist

 And I guess YOU forgot that he had his hands in the air when he was shot in the head from behind. Just because the killers said he had a knife doesn't mean he had one. Santa Ana knew they were on the hook big time for this and are probably pissing themselves with relief for only being dinged a million for this to go away. Juries in OC aren't going to be lockstep on the police's side anymore, after watching the video of Kelly Thomas being turned into hamburger by police abuse.  We all don't hate the police, just the badge wearing douche bags that abuse their authority and commit murder, assault, sexual battery and attempted intimidation of witnesses/reporters. We want those sad excuses removed from positions of authority so the cops that aren't a menace to society can do their jobs with being tarnished by their actions. Since there isn't any video I guess we won't get to see a press conference with more crocodile tears from our beloved DA Rackauckas over the inhumanity of it all and no felony charges for the two cops.

Works for a living.
Works for a living.

If his hands were in the air, why would they shoot. He posed no threat. Cops do this all day and never seem to shoot everyone they contact. Face it, he was a gangster with a knife and you werent there. If you dont like it become a cop and see how life really goes on behind your computer screen. These guys don't work for irvine or brea.

Westside Activist
Westside Activist

 Hey Tomkazzanski, how do you feel now that Knows the Deal has refuted your bullshit excuses for that cop's criminal behavior? You sure came out looking like a total asshole for siding with your fellow cop on this and trying to regurgitate his lies.

Knows the Deal
Knows the Deal

He wasn't a gangster. You weren't there, you don't know. I investigated this case, and I will tell you that Mr. Ramirez was visiting from North Carolina, he was unarmed, he was standing alone near the apartment his aunt had where he was staying, and that he was shot within five seconds of Gutierrez encountering him. His back was to Gutierrez, he displayed no weapon, and Gutierrez was standing behind the drivers door of his vehicle, gun pointing through the open window. Gutierrez went there to roust gang bangers, but found only Mr. Ramirez, instead.  When Mr. Rumm tried to take Gutierrez' deposition, Gutierrez refused to come testify. At first he claimed to be "unavailable," then when it was rescheduled he suddenly became "ill" with a "cold" the morning he was supposed to testify. And big, tough cop that he is, he couldn't testify with a cold.

Gutierrez' partner testified that Gutierrez shot because he "thought" Ramirez (whose back was to Gutierrez) was "reaching for a gun" and was going to spin around and shoot.  And I have a bridge to sell you...

Lewispaiute8
Lewispaiute8

Alan dershawitz calls it ( testalizing), police never tell the truth, they often lie to make a case. in this case these two cops are  not telling the truth, so they can kill and harrass some more. u cannot trust the police. 

1234ecsmo
1234ecsmo

I've meet that cop unfortunately and he is an ahole

lakerluv
lakerluv

I agree! I've been stopped by Gutierrez twice and he's def an asshole. He thinks he's going to get respect by fear ...wrong. he'll learn eventually.

And last time I checked he was still on patrol. And also has some police brutality cases against him.

Dirobertck Rg
Dirobertck Rg

I like the revocation idea of the emergency # privileges for those who've said "FUCK THE POLICE". However, they have the right to a change of heart. If and when such "enlightenment" occurs within the individual, he must publicly denounce his prior statement and apologize for his/her outlandish remarks and ignorant attitude. Then and only then should the individual's privileges be reinstated

Amari Shakur
Amari Shakur

as far as I am concerned this just hush money from an overly aggressive pig dept. who are just as notorious as the LAPD,AND JUST AS CORRUPT!!!!!!!! FUCK THE POLICE!!!!

909Jeff
909Jeff

hmmm...

While I agree that the cops who did this probably should be prosecuted, people who make outlandish comments like "Fuck the Police" Should have their 911 privileges revoked.

(911) 911 emergency how can I help you?

(You) I needs da po-leece...someone tryin to rob my ass!

(911) Ohhhh I'm sorry, I wish we could help but.... You said Fuck the police... 

949girl
949girl

Why not take this to a jury trial, $800,000 seems really low for a murder of an innocent man.  The family should really think this through. 

What happened to the cops?  Not a good sign if these two still have jobs.  But then again that's what's to be expected.

johnl
johnl

Because juries believe cops. The 800k is enough to compensate for the loss of income. The family needs to take care of its own problems, not help Santa Ana reform its PD.

Grumpy_gorilla2u
Grumpy_gorilla2u

"Andres Ramirez, the 21-year-old father who was born in Santa Ana but moved out of state at 7, was walking in a neighborhood just after 9:30 p.m. on Dec. 10, 2010, when police gang officers Michael Heitmann and Frank Gutierrez ordered him to stop". "Ramirez, who'd done nothing wrong, complied and was standing with his hands up when one of the officers approached from behind and fired a fatal bullet into the back of his head, according to the lawsuit. He was pronounced officially dead the next day"." Officers Michael Heitmann and Frank Gutierrez".Which one of these 2 officers fired the fatal shot that killed the man. Your story does not say which one pulled the trigger. Are either one of these two officers still on patrol or have they been removed?

Grumpy_gorilla2u
Grumpy_gorilla2u

"Andres Ramirez, the 21-year-old father who was born in Santa Ana but moved out of state at 7, was walking in a neighborhood just after 9:30 p.m. on Dec. 10, 2010, when police gang officers Michael Heitmann and Frank Gutierrez ordered him to stop". "Ramirez, who'd done nothing wrong, complied and was standing with his hands up when one of the officers approached from behind and fired a fatal bullet into the back of his head, according to the lawsuit. He was pronounced officially dead the next day"." Officers Michael Heitmann and Frank Gutierrez".

Which one of these 2 officers fired the fatal shot that killed the man. Your story does not say which one pulled the trigger. 

Are either one of these two officers still on partrol or have they been removed?

Mike King
Mike King

 More then likely the working some behind a desk.

R. Scott Moxley
R. Scott Moxley

DA is still pondering whether or not to file criminal charges.

Paul Lucas
Paul Lucas

Serioulsy? They have to ponder whether to file charges or not? The shot the guy in the back of the head.

Knows the Deal
Knows the Deal

The DA never, ever charges cops. It doesn't happen. Even with the Fullerton killing of the homeless man, they haven't charged a homicide, despite all the political and media and community outrage and pressure.

The OCDA DOES NOT charge cops with homicide. Period.

Zeitgeist714
Zeitgeist714

Thanks for clearing that up. Clearly you know the deal

909Jeff
909Jeff

Hey Mox... What happened to the cops?  

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