Pepper-spray spree costs SDPD

December 3, 2011, turned into a bad day for San Diego taxpayers as a result of a federal jury verdict against cops involved in a violent early-morning incident in downtown's Gaslamp Quarter.

According to a trial brief filed in federal court here last December 14 by his lawyers, the trouble started when Travis Wilkerson, wife Victoria Garcia, brother Tyler Wilkerson, and friend Andrew Harlin were accosted on an E Street sidewalk by an unknown man who made "rude comments" to Garcia.

When Travis Wilkerson "told the man to have some respect for his wife, he was suddenly sucker-punched by the man. The man apparently saw police officers nearby and quickly ran off with his friends."

San Diego police then "approached and violently grabbed Travis Wilkerson and threw him to the ground, without cause or necessity," the December 1, 2014, brief asserted.

"Mr. Wilkerson’s head hit the pavement, causing a serious head injury, abrasions to his face and head and two chipped teeth. Mr. Wilkerson was handcuffed and arrested without probable cause.”

The brief continued, “He was pepper-sprayed, without justification. Handcuffs were applied in an excessively tight manner, causing pain and injury. The force and violence used by the defendant police officers was wholly unnecessary and grossly excessive. Travis Wilkerson was taken to jail. No charges were filed against him."

When Tyler Wilkenson, who has since died, questioned the rough treatment of his brother, he was "grabbed, kneed in the leg, handcuffed and arrested without probable cause. He was pepper sprayed and taken to jail without justification, necessity or probable cause. No charges were filed against him."

Harlin, the brief said, "was grabbed from behind, taken to the ground and handcuffed for no reason. An officer repeatedly slammed Mr. Harlin’s face and head into the pavement, knocking him out and causing severe injuries."

Harlin "was taken by ambulance to the hospital where he was treated for his injuries, including a concussion and a lacerated lip which required stitches. No charges were filed against him." Garcia was also "arrested without probable cause and taken into custody. No charges were filed against her."

A brief filed by San Diego city attorney Jan Goldsmith portrayed the situation in a different light.

"San Diego Police Officers Kevin Armentano, Chad Mendenhall, and Craig Shumate were working as uniform officers in the downtown Gaslamp area, at the 500 block of E Street," according to the document.

"The officers were monitoring the bar break area at closing time. They saw Plaintiff Andrew Harlin and others fighting and tried to break it up. Harlin refused to stop, continuing to swing wildly at another combatant. "

Said the brief, "Harlin and his friends appeared drunk. They refused to leave. Instead, Harlin approached Officer Shumate, cursing and yelling. The officers again told Harlin and his party to leave. Harlin responded by screaming, 'fuck you, fuck you bitch' at Officer Shumate."

Continued Goldsmith's account, "Harlin then charged at Officer Shumate with his hand balled into a fist. When he was within one foot of Officer Shumate, Shumate stepped to the side, grabbing Harlin by the back of the neck with one hand and by the wrist with the other. Officer Shumate used Harlin’s [own] momentum to take him to the ground; Harlin struck his face on the pavement, appeared to lose consciousness and bled from cuts to the inside of his mouth and the right side of his head."

For his part, according to the document, Travis Wilkerson "ignored commands to stay back, moving close to Officer Shumate, who was trying to attend to the prone Harlin. Wilkerson’s antics and cries agitated the growing crowd."

Added the brief, "Officer Armentano tried to grab him. Wilkerson initially avoided Armentano’s grasp, but was so drunk and unsteady he tripped over a curb, hitting his head on the ground. He was arrested for disorderly conduct (alcohol).”

According to the city’s account, “Wilkerson then repeatedly threw himself to the ground after he was handcuffed. When the officers finally got him to the police van for transportation to the county jail, he lunged at them. They eventually subdued Wilkerson by spraying him in the face with oleoresin capsicum, after which they were able to search him and put him in the van."

In a verdict rendered February 19, records show, a trial court jury found that Armentano had arrested Travis Wilkerson without probable cause, and that the officer had used unreasonable force against him, setting damages at $45,000. Punitive damages were $10,000.

The jury also found that Shumate had busted Harlin without probable cause and with unreasonable force, setting damages at $50,000, with punitive damages of $7500.

In an April 14 closed session, the San Diego City Council voted 6-0 to "accept a signed settlement offer" in the case, according to the meeting report. Further details were not immediately available.