Settlement reached in deadly shooting of Marine by Palm Springs police

The city of Palm Springs will pay $2.576 million to the family of a Marine who was fatally shot by two police officers, attorney’s for the plaintiff’s announced Tuesday.

Marine Cpl. Allan “AJ” DeVillena, 22, was shot by officers around 2 a.m. Nov. 10, 2012, in a downtown parking garage. He was the driver of a vehicle the officers attempted to stop inside the garage.

Police said a drunken DeVillena drove his car at the two officers, hitting one in a leg and prompting them to open fire. The Marine was shot six times.

“This settlement brings to a conclusion the civil rights case but the struggle for justice against police brutality by the DeVillena family continues,” attorney Benjamin Schonbrun said.

“The parents of AJ are determined to use the unthinkable tragedy of losing their son to seek reform of the police tactics in the use of deadly force so that another family does not unjustly suffer in this way.”

DeVillena and a friend, Marine Pfc. Clinton Harris, had earlier been questioned by the officers outside a downtown bar about a report of public drunkenness but had been released. Both Marines were stationed at Twentynine Palms.

DeVillena’s family filed a federal civil rights lawsuit against the police department and the officers.

The Riverside County District Attorneys office announced last October that no criminal charges would be filed against officers Chad Nordman and Mike Heron.

The Palm Springs Police Department declined to comment on the lawsuit, but an attorney representing the city of Palm Springs and the officers involved provided a statement to CBS Local 2/KESQ on Wednesday.

Patrick Desmond of Woodruff, Spradlin & Smart said the city stands behind the officers, and says their actions were justified.

“Mr. DeVillena created a rapidly evolving and dangerous situation that placed both officers’ lives in danger,” said Desmond. “Given the actions of Mr. DeVillena, it was reasonable for both officers to respond with deadly force to defend themselves.”

Desmond added that the Marine had a blood alcohol concentration of .18% that night and, unbeknownst to officers, had just stolen a debit card, driver’s license and iPhone from an unconscious man, which officials said was captured on surveillance camera. That, he said, “explains why Mr. DeVillena was trying to flee.”

Desmond called the settlement a “business decision made by the City’s insurance carrier that took into account the risks and costs of trial.”

Officials concluded their release by saying this was a tragic event that could have been avoided had DeVillena not place the officers’ lives in danger.