SANTA ANA (CBSLA) — The Orange County Board of Supervisors Tuesday accredited a $195,000 settlement in a lawsuit filed after an off-duty deputy pulled a gun on a group of teens at a San Clemente skatepark almost two years ago.
Max Likelihood III, the son of a retired Orange County Sheriff’s Division sergeant, filed the lawsuit in March, alleging negligence, assault and battery, civil rights violation and intentional infliction of emotional misery. The go well with names Deputy Michael Thalken, the sheriff’s division and Orange County as defendants within the go well with.
Likelihood, who was 16 on the time and was dwelling together with his household in San Juan Capistrano, went to a San Clemente skatepark the night of Oct. 12, 2019, with a pal. The pair had been having fun with a band taking part in on the park when Thalken, who was off-duty on the time, confronted the band in regards to the noise, in keeping with the lawsuit.
The lawsuit mentioned Thalken was at a close-by Little League baseball diamond and needed the band to cease taking part in. The lawsuit alleges Thalken “appeared indignant and probably intoxicated.”
The lawsuit states that one of many teenagers began mocking Thalken when Likelihood advised him to again up. Likelihood then put up his skateboard “to defend towards a possible assault,” from Thalken who had not advised the group he was a deputy, in keeping with the go well with.
Thalken then tried to seize Likelihood’s wrist and mentioned, “Get in your knees or I’ll shoot you within the [expletive] face,” nonetheless failing to establish himself as a deputy, in keeping with the lawsuit. Thalken then brandished and pointed his gun at Likelihood’s face, the lawsuit mentioned.
Likelihood “complied, whereas others pleaded with Deputy Thalken to cease what he was doing,” in keeping with the go well with. No less than one individual filmed the incident on their cellular phone and shared it on-line.
The lawsuit mentioned Thalken finally recognized himself as a member of regulation enforcement and advised Likelihood to observe him to the car parking zone. The go well with alleges that Thalken returned the weapon to his jacket pocket and argued with different witnesses.
After regulation enforcement was known as to the skatepark, the lawsuit alleges Thalken advised deputies that the kids had been the aggressors and that Likelihood had swung his skateboard at him.
“After all, each claims had been false and refuted by video proof,” the lawsuit mentioned.
The lawsuit additionally claims that Thalken advised Likelihood’s father, who had beforehand labored with Thalken earlier than retiring, that “the youngsters had been douche baggage with a mob mentality.” The lawsuit additionally alleged that Thalken additionally mentioned that he had pulled out his gun as a result of Likelihood “went at [him] with a skateboard.”
The board voted 4-0 to approve the settlement. Supervisor Katrina Foley abstained from voting due to a possible battle of curiosity.
“The household is happy that this chapter of their son’s life has come to an finish and that some justice was served,” legal professional Eric Traut, who represented the Likelihood household within the lawsuit, mentioned.
The Orange County District Legal professional’s Workplace declined to file costs towards Thalken after OCSD introduced the case. And whereas OCSD mentioned Thalken was disciplined after an inner assessment, a spokesperson for the sheriff’s division mentioned state regulation prevented the discharge of any particulars of the self-discipline.
(© Copyright 2021 CBS Broadcasting Inc. All Rights Reserved. Metropolis Information Service contributed to this report.)