Clearlake wrongful death claim tossed
The Clearlake City Council has rejected a $30 million wrongful death claim filed by the family of a man who was shot and killed by a city police officer.
The council decision lifts a barrier to the filing of a civil lawsuit stemming from the death of David Vestal, 63, on Aug. 14 at a mobile home park on Old Highway 53.
Police said they went to the home in response to call about a disturbance when Vestal appeared in the doorway and leveled a shotgun at officers.
The family says Vestal was unarmed.
"It is our understanding that when David Vestal came out of the residence, he was shot without warning. He did not have a shotgun or any other firearm," said Lakeport attorney David Anderson, who is representing the family.
Clearlake Police Lt. Mike Hermann said an investigation by the Lake County District Attorney's Office, which is pending, should clear up the issue.
A shotgun was found at Vestal's side, he said.
"We don't think there's going to be any wrongdoing on the part of the officers," Hermann said.
His department has refused to identify the officers involved in the shooting, though they apparently have returned to duty.
The claim also alleges civil rights violations, severe emotional distress, assault and battery, false imprisonment and physical injuries.