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Fresno police identify the three officers at the center of ‘wrongful death’ lawsuit

The lawsuit, filed last week in Fresno County Superior Court against the city of Fresno, claims police were “willful, wanton and malicious” during the fatal encounter with 55-year-old Gerald Johnson and acted with “reckless disregard” of his rights and safety.
The lawsuit, filed last week in Fresno County Superior Court against the city of Fresno, claims police were “willful, wanton and malicious” during the fatal encounter with 55-year-old Gerald Johnson and acted with “reckless disregard” of his rights and safety. Submitted

Fresno police this week identified the officer involved last year in the fatal shooting of a Black man in southeast Fresno.

Documents obtained by The Bee show three officers fired their weapons at Gerald Johnson on a March evening of last year.

The three officers involved in the shooting were identified as Sgt. Justin Bell and Officers Nicholas Palomino and Martin Padilla.

At least one officer, Bell, had formerly been involved in a deadly encounter that resulted in a federal wrongful death lawsuit against the Fresno Police Department and city filed on behalf of the victim’s family. Bell was named in the 2008 lawsuit as a defendant after officers pinned an unarmed man to the ground during an arrest.

The man, Pedro Madrid, died from asphyxiation as a result of the restraint, according to the lawsuit. The case was settled out of court in 2011.

Palomino and Padilla were each awarded “Lifesaving Medals” during a ceremony in 2017 recognizing police personnel for their heroic actions and achievements, according to Bee archives.

Gerald Johnson’s 2020 death remains under investigation

Police officials did not respond to questions about whether the officers were placed on administrative leave in connection with Johnson’s death last year.

Johnson, 55, was shot and killed by police on March 22 after officers were called to a home on East Gilbert Avenue to investigate a family disturbance. Police said Johnson had swung a shovel at a relative.

Family members said they believed Johnson was having a mental breakdown and possibly under the influence of drugs. He had shuttered himself in an abandoned car in his family’s backyard.

The officers approached the broken-down car after Johnson stopped communicating with the negotiator. According to the police report, that’s when they saw what appeared to be a gun in Johnson’s hand, prompting them to open fire.

Police later identified the weapon at the scene as an unloaded pellet gun.

The family earlier this month filed a wrongful death lawsuit in Fresno County Superior Court against the city of Fresno, claiming the police officers involved were “willful, wanton and malicious” during the fatal encounter. The lawsuit accuses the officers of acting with “reckless disregard” of Johnson’s rights and safety.

The incident remains under investigation by the Fresno County District Attorney’s Office, according to Jerry Stanley, the assistant district attorney.

City and police officials declined to comment on the pending lawsuit.

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Nadia Lopez
The Fresno Bee
Nadia Lopez covers the San Joaquin Valley’s Latino community for The Fresno Bee in partnership with Report for America. Before that, she worked as a city hall reporter for San José Spotlight.
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