A U.S. district judge Tuesday dismissed a lawsuit filed by a Pembroke Pines man against a veteran police officer who shot him in the abdomen nearly five years ago while he was in the throes of a convulsion.
Abel Martinez was experiencing a seizure for the first time in his life inside his southeast Pembroke Pines home on June 10, 2010, and was acting erratically when Officer Kevin King arrived. Martinez lunged at the officer and King shot him. District Judge Robin L. Rosenberg ruled that King’s use of force was reasonable under the circumstances.
“The judge reviewed all the evidence…Officer King was completely justified in using his gun in self-defense,” said Scott Alexander, who represented King and the city in the lawsuit. “This case was not questionable and was not fit to go to a jury.”
Alexander said King, a 20-year veteran, had extensive training on recognizing mental illness and medical emergencies and acted according to that training.
King’s retirement from the department two years ago had nothing to do with the case, Alexander said.
Martinez was charged with battery of a police officer and resisting arrest, but was later acquitted of both charges. He then filed suit against King and the city for battery, negligence and excessive force.
According to the suit, Yanet Hernandez, Martinez’s wife, called 911 after noticing that he was experiencing seizure-like symptoms. King was the first officer to arrive but was soon joined by another.
The officers said Martinez was acting irrationally. King attempted to cuff the struggling man King but only managed to restrain one wrist. Martinez flailed his arms, hitting King on the head with the handcuff. The officers attempted to subdue Martinez by pinning him to the ground, but he got away. Both said Martinez lunged at King, and King shot him.
The city, also named in the suit, is relieved of all responsibility after the judge’s ruling.
Martinez’ attorney, Carl Bober, said an appeal is possible. “We’re disappointed and on behalf of Mr. Martinez we will be exploring other opportunities,” he said.
bballou@sun-sentinel.com, 954-356-4188, Twitter: @briballou
