A Pursuit For A Turn Signal Violation Is Uncalled For Under Any Circumstances
On April 26, 2021, at 9:53 pm a high-speed pursuit was initiated by Santa Clara County Deputy Sheriff Ryan Vesey on the Lawrence Expressway for a turn signal violation, despite having “run” the plate and identifying the owner.
Vesey chased a Honda driven by Roberto Garcia, 18. At the time Vesey did not know that Garcia refused to stop because he was violating the terms of his probation, which required that he had to be home by 10 pm, and allowed a search of his car that would have revealed a loaded handgun and marijuana for sale.
At the intersection of Lawrence Expressway and Mitty Way, Philip Nievas, 21 and Precious Nievas, 25, were heading home at the end of their work day, southbound on Lawrence.
On a green arrow they made a legal left turn at Mitty Way across the Lawrence Expressway at exactly the same moment as Garcia, chased by Vesey, was northbound at 98 mph.
Garcia crashed through a red light on Lawrence and broadsided them. Both Philip and Precious died in the impact. A devastating loss that ultimately led their family to seek justice with the help of a wrongful death lawyer.
Police Misconduct
At no time did Vesey have a lawful basis for making a traffic stop.
Vesey never turned on his siren to warn of a hazardous high-speed pursuit at night, a violation of Sheriff Department procedures, despite later admitting “there were numerous vehicles on the roadway.”
Afterwards, Vesey lied when he reported to San Jose police investigating the crash that he attempted to stop the Honda because it had changed lanes and made a U-turn without signaling.
A dash camera showed the Honda lawfully changed lanes and made a U-turn using its turn signals.
At no time before the fatal crash did Vesey know that Garcia was on probation, carried a loaded handgun and was dealing marijuana.
Settlement with Garcia
We did not name Garcia in the original complaint to downplay his obvious role and entered into a tolling agreement with Garcia. The County cross-complained against Garcia which was defended by Charles “Chip” Roe under Garcia’s $15/$30 Progressive policy. After the cross-complaint was filed, plaintiff settled with Garcia to nullify the cross-complaint and Chip moved for a good faith settlement.
No Immunity
Santa Clara County’s moved for summary judgment claiming the county was immune under Vehicle Code 17004.7.
There have been a dearth of personal injury and wrongful death lawsuits for pursuits because every jurisdiction, except Santa Clara County, has obtained immunity by having a written pursuit plan that meets the 12 specific requirements of the Vehicle Code.
On February 25, 2025, Judge Frederick Chung ruled the sheriff’s pursuit policy in effect on April 20, 2021, failed to meet the requirements of the Vehicle Code and denied the county immunity, clearing the way for trial set on April 28, 2025.
Newly elected Sheriff Jonson on taking office in 2023 adopted a pursuit policy that meets all the requirements of the Vehicle Code. Santa Clara Couty is now immune.
The Plaintiff’s Case
Garcia’s criminal conduct was triggered by a police officer who had absolutely no basis for stopping him.
The county’s defense that Garcia should have stopped and was a superseding cause of these deaths would have been heard by a jury that had also learned Vesey had no probable cause to stop a young Chicano who did nothing wrong.
On balance a jury would have to allocate fault to both the county and Garcia. A 50/50 allocation was likely and a verdict of $10 million would result in the County having to pay $5 million and no doubt a protracted appeal. This recovery puts all that to rest.
Roberto Garcia was sentenced to 12 years in prison for evading the police and causing the deaths of Philip and Precious. On the other side of the equation the Santa Clara County’s Sheriff’s command staff never disciplined Vesey for his willful misconduct and lying in the investigation. He remains on the job today.
As always, the coverup made it worse. Here there were two: Vesey lied to the SJPD. The command staff looked the other way and swept Vesey’s misconduct under the rug.
Achieving Justice For The Nievas Family
We are pleased to have achieved this result for Al Nievas the father of Precious and Philip, a wonderful father who after the death of his wife brought his family of 5 children from the Philippines to San Jose to be close to his family living here. By all accounts he raised kind, gentle and hardworking children. A truly admirable man devastated by the deaths of his children a short distance from their home.
Our lead liability expert was Scott DeFoe whose analysis of the misconduct in opposition to the MSJ was devastatingly powerful. We highly recommend him.
Santa Clara County was well defended by Arryn Harris and Stephen Schmid of the County Counsel’s Office.
Charles R. Roe represented Roberto Garcia.
The case was handled by a skilled personal injury attorney and settled at mediation with Michael Ornstil, JAMS, on March 5, 2025, subject to the approval of the Board of Supervisors. On March 24, 2025, County Counsel notified us that the Board of Supervisors approved the settlement that afternoon.
