On December 12, 2010, Douglas Zerby, a 35-year-old resident of Long Beach, California, was fatally shot by two Long Beach Police Department officers. Zerby was sitting on a stoop at his friend's apartment in the Belmont Shore neighborhood, holding a garden hose nozzle that the officers mistook for a firearm. Responding to a 911 call reporting a man with a "six-shooter," the police approached the scene without identifying themselves or issuing any verbal warnings.
Officers Jeffrey Shurtleff and Victor Ortiz shot Zerby 12 times, with the fatal shots striking him in his lower leg and chest. The officers stated that they believed Zerby was holding a gun, and they acted in self-defense. A subsequent investigation found that Zerby had been heavily intoxicated at the time of the incident, with a blood alcohol level of 0.42 percent.
The shooting generated widespread outrage from Zerby's family and the community, leading to demands for a federal investigation into the police department's actions. Although the Los Angeles County District Attorney's office declined to press criminal charges against the officers, finding they acted in self-defense, the officers did not provide any commands or warnings before firing. Forensic evidence also contradicted the officers' account, indicating that the hose nozzle was found under Zerby's thigh, suggesting that he had not pointed it at the officers as they claimed.
In response to Zerby's death, his family filed a wrongful-death lawsuit against the city of Long Beach and the two officers involved. The case concluded with a jury finding the police liable for acting recklessly and violating Zerby's constitutional rights. The jury awarded $6.5 million in damages to Zerby's family, with portions of the settlement allocated to his eight-year-old son, River, as well as his parents. The verdict highlighted issues related to excessive force and the lack of due diligence by the officers, as they did not give Zerby an opportunity to comply before using lethal force. The officers also personally had to pay $5,000 each in damages.
The shooting of Douglas Zerby is an example of the consequences of misidentification and excessive police response, which ultimately led to protests and a civil lawsuit that culminated in financial restitution to the victim’s family. Despite the legal outcome, the incident left a lasting impact on Zerby's loved ones and raised significant questions about police procedures and accountability in handling situations involving perceived threats. The case serves as a reminder of the importance of proper law enforcement training, especially regarding the use of lethal force and engagement protocols with unarmed individuals.
