Verdict favors city of Eugene in lawsuit over fatal police shooting

This story has been updated to include statements made after the verdict and additional information.

A jury in a police shooting civil trial on Tuesday, Nov. 25, decided in favor of the city of Eugene.

Nonetheless, jurors found some negligence on the part of the officer who fatally shot 40-year-old Eliborio “Eli” Rodrigues Jr. in 2019.

The encounter began when Eugene police officer Samuel Tykol approached Rodrigues about walking in the road rather than on the sidewalk on Acacia Avenue at about 12:30 a.m. Nov. 30, 2019.

Tykol shot Rodrigues after a physical altercation in the street. The officer described in testimony being underneath Rodrigues and fearing he would be knocked unconscious, and also feeling his Taser activated against his body as the two men struggled over control of the Taser.

The Lane County District Attorney’s Office previously declined to file any criminal charges against Tykol.

Jurors heard six days of testimony and arguments about negligence and wrongful death claims made on behalf of the estate of Rodrigues. In their verdict, they assigned 45% negligence to the officer and 55% negligence to Rodrigues.

Because jurors assigned a greater percentage of fault to Rodrigues, his family will not be awarded any damages.

The eight-person jury began deliberating at noon Monday, breaking for the day shortly before 5 p.m. and then returning to U.S. District Court in Eugene at 8:30 a.m. Tuesday.

Among written questions to U.S. District Judge Mustafa Kasubhai during deliberations, they asked what to do if they could not come to an agreement on the percentage of negligence to apportion to each party. Shortly after 3 p.m., they delivered their verdict, which was unanimous.

Tykol had testified about the final stage of the physical altercation, for which there was no video evidence. According to court documents filed by the city of Eugene, Tykol’s body-worn camera became dislodged from his uniform and switched off.

Michelle Burrows, an attorney representing the Rodrigues estate, grilled Tykol on the witness stand about the first stage of the encounter, questioning why he grabbed Rodrigues’ arm rather than ask questions.

Burrows argued that Tykol was the aggressor in an encounter that left Rodrigues — who had not been carrying any weapons — dead less than four minutes after being stopped over a pedestrian violation.

Ben Miller, an attorney representing the city, in his closing arguments described Rodrigues as “refusing to obey lawful orders, resisting arrest, assaulting a police officer [and] trying to escape.” Miller also referred to how blood and urine from Rodrigues tested positive for methamphetamine, stating that it was up to jurors to decide if he was “impaired.”

When first approached by Tykol, Rodrigues carried a plastic bag and could be seen trying to put a bottle into the bag, Burrows said. She described Rodigues as out collecting bottles and cans for money to help support his family, and in closing arguments had told jurors they might consider awarding $500,000 in noneconomic damages for each of Rodrigues’ four children, or $2 million total.

Tykol’s testimony

Tykol in testimony described acting in response to safety concerns that started when Rodrigues did not set down a plastic bag when told to do so and continued when Rodrigues would not willingly sit down, leading the officer to attempt to arrest Rodrigues for interfering with a police officer.

He testified that Rodrigues had an obligation to comply because he was detained for lawful reasons.

“I’m trying to push him down, and he’s using his legs to push back against me,” Tykol said.

In court testimony, Tykol said Rodrigues ran away, but then turned back to face the officer in “a fighting stance, as I interpreted it.” Tykol said his momentum while in pursuit led him to come into contact with Rodrigues, and then “I remember exchanging punches,” Tykol said.

“He hit me, made solid connections one or two times,” Tykol said.

After the exchange of punches, Rodrigues again started to run, Tykol said. Soon after, Tykol said he ran into him and pushed him to the ground.

At first, Tykol was on top of Rodrigues, but then “we get flipped around” with Tykol on his back.

While beneath Rodrigues, Tykol began “to feel the right side of my body start to go numb” from being shocked by the Taser, he said. 

“At that point, I’m exhausted. I’ve been punched in the head. I’m already concerned that one more good connection to the head, I’m going to be knocked out,” Tykol said, leading him to draw his weapon in self-defense and fire at Rodrigues.

Judge’s remarks to Tykol

Kasubhai addressed Tykol after the jury’s verdict.

The judge said the jury’s verdict “explains that the city of Eugene was also negligent and responsible for what happened.”

He addressed Tykol, prefacing his remarks by stating they were from one public servant to another.

“Officer Tykol, every day that I sit on this bench, I do consider the gravity of decisions I make and the impact on people’s lives,” Kasubhai said. 

The responsibility he and Tykol have is great and “sometimes might feel overwhelming,” Kasubhai said, “but that authority comes with the necessity of experience and wisdom.”

On the day of the shooting, “the jury has spoken,” Kasubhai said.

“Wisdom did not prevail in the decisions that you made,” Kasubhai continued, adding that over his career as a judge he would go back and make some decisions differently if possible.

“The wisdom that you now have has come at a great price, a huge cost. And as a public servant, someone I expect to serve in our community for many years, I only ask that you employ that high cost of the wisdom to serve our community better.”

During the trial, Tykol testified he had been a police officer for almost four years in 2019. He’s now a sergeant with the Eugene Police Department.

Tykol declined to comment after the verdict, as did Miller, the attorney for the city.

Burrows, an attorney since 1986, said she’s never had a judge, after a jury’s verdict, speak “critically of the winning party.”

“The judge made comments that he really hopes Tykol does better in the future, and I think the judge’s feelings reflect what we wanted the verdict to reflect,” Burrows said.

Ofelia Santiago represented the Rodrigues estate during the trial, and said she had known Rodrigues for many years. Rodrigues “got my son out of the streets” and helped him recover from addiction, she said, calling him “like a family member to me.”

“When we started this process, I knew it was not going to be easy because of our skin color,” Santiago said, stating that “there’s a lot of work to do in this community” when it comes to policing.

“This hurts me a lot, for every single Latino out there,” Santiago said.

Rodrigues’ eldest son, 21-year-old Joshoua, after the verdict said: “I can say it’s been a long six years, but I do respect the jury.”