Jury begins deliberations in police wrongful death lawsuit

Jurors heard more about the 40-year-old man shot and killed by a Eugene police officer in 2019 as attorneys offered closing arguments Monday, Nov. 24, in a civil trial over the shooting.

The jury began deliberations at noon but did not reach a verdict in the negligence and wrongful death lawsuit. Deliberations are scheduled to resume Tuesday.

Michelle Burrows, an attorney representing the estate of Eliborio “Eli” Rodrigues Jr., described him as a “struggling father” walking on the street trying to collect bottles and cans to support his four children when he was approached by Samuel Tykol, the Eugene police officer who shot him.

Tykol first approached Rodrigues about walking in the roadway rather than on the sidewalk on Acacia Avenue at about 12:30 a.m. on Nov. 30, 2019. The encounter ended in less than four minutes with Tykol shooting Rodrigues after a physical altercation, attorneys for Rodrigues said.

Ben Miller, an attorney for the city of Eugene, told jurors they “heard from an incredibly sympathetic family.” Among those testifying during the six-day trial was Rodrigues’ oldest son, 21-year-old Joshoua, who has been living with his younger siblings in an apartment, Burrows said. Their mother recently sustained a stroke, Burrows said.

“I don’t know how you can listen to those kids and not be moved by that,” Miller, the city attorney, told jurors.

But when it comes to their father, “the individual they described is not the person officer Tykol met that night,” Miller said.

During the trial, which began Nov. 17, and closing arguments, Miller and Burrows differed in how they described the actions of Rodrigues and Tykol on the night of the shooting.

In his closing arguments, Miller described Rodrigues as “refusing to obey lawful orders, resisting arrest, assaulting a police officer [and] trying to escape.”

In contrast, Burrows described Rodrigues as “generally compliant” when approached by Tykol.

“He’s not answering questions, but he doesn’t have to,” Burrows said.

Tykol’s account

Tykol testified last week under questioning by Burrows that he told Rodrigues to put down a bag but that Rodrigues did not do so, raising a safety concern for the officer as the contents of the bag were not known to him. Tykol said he grabbed Rodrigues’ arm to move him away from trash bins because of a similar safety issue.

This evolved into a struggle, with Tykol testifying Rodrigues did not willingly sit down after being told to do so, and then led to Tykol attempting to arrest Rodrigues for interfering with a police officer.

Tykol testified last week he attempted to use pepper spray on Rodrigues, to no effect, and that Rodrigues ran from him before turning back in what he interpreted to be a fighting stance, with the two exchanging blows.

After Rodrigues again began to run away, Tykol said he tackled him but in the physical struggle soon found himself beneath Rodrigues. Tykol testified that he tried to use his Taser against Rodrigues, who then grabbed it. A struggle over the Taser ensued, and Tykol said the Taser activated while touching his body three times.

Along with getting hit by Rodrigues and fearing a blow could render him unconscious, Tykol testified he started to feel his right side going numb, leading him to draw his weapon and fire at Rodrigues, killing him.

Standards for police

Before Monday’s closing arguments, U.S. District Judge Mustafa Kasubhai told jurors that specific Eugene police department policies — including de-escalation and use-of-force policies — are “relevant evidence” in deciding whether a reasonable “standard of care” was followed by Tykol.

Tykol, in his encounter with Rodrigues, “has to keep in mind officer safety considerations,” Miller said as part of his closing statement, describing Tykol’s behavior that night as having “met generally with police standards.”

“You heard no expert testimony from a police practices expert that he didn’t,” Miller said.

In opening arguments, Miller had told jurors that blood and urine from Rodrigues tested positive for methamphetamine.

Miller again brought up methamphetamine use in his closing argument. 

“Was he impaired with meth? That’s for you to decide,” Miller told jurors, adding that they could decide if meth use by Rodrigues “was negligent and factored into what happened.”

In her closing argument, Burrows contrasted Tykol and Rodrigues during the encounter. 

“One of them had all the power, all the weapons, all of the choices,” Burrows told jurors, noting that Rodrigues was not carrying any weapons.

Burrows told jurors it was a case “about communication.”

Tykol “didn’t ask anything, he did not try to build that rapport, and he should have,” Burrows said.

“I don’t think it was important to Tykol. He was going to arrest Mr. Rodrigrues no matter what,” Burrows said.

Noting that Rodrigues repeatedly asked to speak with a sergeant and said, “I want a real cop,” according to the body-worn video, Burrows argued that “as soon as Mr. Rodrigues says, ‘I want a real cop,’ Tykol’s level of force starts to accelerate.”

Burrows also questioned what happened after Tykol’s body-worn camera shut off. 

Tykol’s body-worn camera became dislodged from his uniform and switched off, according to court documents filed by the city of Eugene attorney in the case.

“You have to decide whether Tykol was credible or not,” Burrows said.

She said jurors would be the ones to decide on any noneconomic damages awarded in the case.

“We’re suggesting $500,000 per kid, to get them through school, to take care of them, to pay for what they need right now, so that’s $2 million,” Burrows said.