On the night of October 24, 2024, San Diego Police Department officers responded to what they describe as a domestic violence call involving a handgun.
A local videographer captured the police response. It showed then 31-year-old Marcus Evans walking out of a house shirtless, with his hands raised, responding to officers.
Later, police shot Evans with three beanbag shotgun rounds. Then they released a K-9 that bit him repeatedly.
His legal team settled with the city of San Diego for $875,000 related to allegations of excessive force from the incident.
“I think the SDPD officers’ conduct was disgraceful and despicable,” said Evans’ Attorney Dante Pride in a written statement.
City council members unanimously approved the payout on Tuesday.
Police never found a gun or booked Evans into jail according to Pride.
He said Evans' injuries included a wound on his shin, bruised rib and he had trouble opening and closing his left hand and gripping.
“While we both agree that the settlement amount is not enough for the ordeal he faced, Mr. Evans decided to take a discount so that he can move on with his life and not face three years or more of litigation,” Pride said.
In a related lawsuit, the First Amendment Coalition is suing the City of San Diego to obtain all public records about the police department’s use of force on Evans.
“It's about public accountability for the police department, it's really about the police department's obligation to produce records where there's been a police-involved shooting,” said David Snyder, the organization’s executive director.
He said that the city has not produced most records, like audio and video files related to the incident.
“The city has filed their answer which is the formal responsive pleading that they're required to file. And we don't yet have a hearing date,” he said.
Pride said the settlement approved by the city resolves the civil lawsuit.
The San Diego Police Department did not immediately respond to KPBS questions about the settlement.
