The family of a man who was shot and killed by police during a pursuit will receive nearly $5 million from the city of San Bernardino to settle a wrongful death lawsuit.
The incident occurred on Dec. 27, 2023, as a San Bernardino police officer chased after Robert Brown, 28, of Rialto, during a foot chase. Brown’s family said the man remained unarmed during the tense encounter.
Body cam video of the incident released by police showed a motor officer, identified as Jackson Tubbs, attempted to pull Brown over near 7th Street and Sierra Way around 6:45 a.m. for traffic violations.
Instead of pulling over, Brown continued driving away, leading the officer on a pursuit. Brown eventually stopped on the 1200 block of Pepper Tree Lane, exited his car, and began running from the officer.
Brown jumped over a fence into the front yard of a nearby home and ran towards the backyard, where body cam video showed him dropping a small black object, which police alleged was a 9 mm handgun that had been reported stolen.
The officer tells Brown to get on the ground, but he continues running toward another fence. According to police, Brown tossed the handgun over the chain-link fence before hoisting himself up and over the barrier. He then knelt beside the fence to hide. The officer doesn’t climb over after him, and instead fires his gun several times through the fence, striking the man.
Backup crews arrived and Brown was transported to the hospital where he died from his injuries. Authorities said Brown was wanted for an arrest warrant at the time.
In a federal lawsuit filed by Brown’s family on Dec. 10, 2024, attorneys noted the video showed Brown pulling himself over the fence with both hands that were empty, suggesting that he wasn’t holding a gun in either hand, the Los Angeles Times reported.
They claimed that Brown did not appear to either show or point a weapon toward the officer during the foot chase.
“Robert did not have any gun visible,” said Brad Gage, the family’s attorney. “He jumps over a fence. He’s not putting anyone in imminent threat of injury. He’s shot and killed in a backyard.”
The lawsuit claimed the officer violated multiple police department rules and procedures that day.
“A motorcycle officer is not supposed to engage in a single foot pursuit,” Gage said. “It’s a violation of policy, as we understand it.”
On May 13, following a closed session meeting, city officials announced they had agreed to pay Brown’s family a $4,875,000 settlement.
Gage said Brown’s parents will receive $175,000 of the settlement. The rest of the money will go to Brown’s son, who was 6 years old at the time of the shooting.
“There’s never an admission of liability in a settlement, but then again, there’s 4.9 million reasons why the city recognized that this was a dangerous case,” Gage said. “It was very scary. We want to protect the community. Now, the family has been seeking justice for the loss of a beloved son and brother.”
Following the settlement, Robert’s sister, Victoria Brown, spoke at a press conference held Tuesday afternoon.
“It doesn’t heal the wound left in our hearts, the holes ripped through our family, or the trauma we’ve experienced the last 16 months over court proceedings, the missed phone [calls], the missed birthdays, or the holidays he is no longer present at,” she said through tears.
The man’s family said they hope Brown’s case will help prevent future deadly incidents involving law enforcement.
“We need to feel safe in our own homes, in our own cities and in our own neighborhoods,” Brown’s sister said.
KTLA has reached out to the city of San Bernardino and the San Bernardino Police Department for a statement and is awaiting a response.
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