Are Oakland officers responsible for the deaths of innocent bystanders who conducted a “ghost chase”?

SAN JOSE, CA – Are two Oakland police officers responsible for the death of an innocent bystander who went on an unauthorized “ghost chase” after a 19-year-old suspect who left a party?

This is a question that has been argued in front of the Ninth Circuit Court of Appeals building in San Jose, and was posted online last week

To three judges – Susan P. Graber, Michelle T. Friedland and Patrick J. Bumatayu is now tasked with delivering a conclusion that could be reached within the next few months.

The stakes are high.

If a court finds Oakland police officers Waleed Abdelaziz and Jimmy Marin-Coronel responsible for the deaths on June 26, 2022 Lolomanaya “Lolo” Soakay of Hayward, who died in a freak accident while grabbing food from a taco truck with his family, then civil wrongful death case against the city of Oakland, and the two officers may file suit.

If the judges decide that the officials are not liable and therefore have “qualified immunity,” then the case will be closed.

The 45-minute hearing, which took place on Nov. 20, essentially boils down to this: Did the officers’ conduct “shock the conscience” when they intentionally tried to harm a suspect, resulting in the death of an innocent bystander? And does harming or killing a bystander fall under the definition of “shock of conscience”?

This legal term refers to situations that seem so grossly unfair that a court must step in and find a remedy.

David Neudorf, who represents Abdelaziz, argued that it was arguable that the officers “shocked the conscience” of the 19-year-old suspect, who they chased without lights and sirens on, and he did not dispute the fact that the officers did not stop to help, when a teenager crashed his car.

In fact, body camera video, which has not yet been released, shows one of the officers saying, “I hope he dies,” according to court testimony.

But Neudorf strongly denied that the officers were trying to harm Soakay — an innocent bystander — and therefore the “shock of conscience” rule does not apply to the officers — he said the law only applies to intent to harm the suspect.

Civil rights attorney Patrick Buelna, who represents Soakai’s family, disagreed.

Buelna argued in court that the officers’ actions were “diabolical” toward both the suspect and Soakai.

And in a separate interview on Friday, Buelnda said that officers “usually try to avoid responsibility because of legal nuances.”

This case has been going through the courts shortly after Soakai’s murder 2 1/2 years ago.

In 2022 KTVU was the first to report that Abelaziz and Marin-Coronel, both rookies, were chasing Arnold Azael Linaldi, 19, of Oakland, in a Nissan 350Z that police said was part of a secondary incident.

They chased Lindali without lights and sirens at 2 a.m. at 54th Avenue and International Boulevard, a violation of OPD policy, in what is being called a “ghost chase.”

Linaldi eventually crashed his car into a row of parked cars and motorcycles. What the chain reaction ended with the killing of Soakai, who received food after the family graduation. His mother broke her back. Two cousins ​​were hospitalized.

Body camera video later confirmed and cited in court that officers saw the crumpled Nissan in the middle of the street and didn’t get on the radio to call for medical help, KTVU sources said. It is unclear whether they saw that the crash also killed Soakay and injured others on the sidewalk.

One of the officers could be heard saying he hoped Lynadi was dead, and both officers left the scene, according to court records.

The police eventually returned to the scene to help, pretending they didn’t know what had caused the deadly chain of events, the civil suit alleges.

In September 2023 Sources told KTVU that the police department fired Abdelaziz and Jimmy Marin-Coronel.

But it is not clear whether their termination took place.

Officers are allowed to appeal any disciplinary action through so-called Skelly hearings, and it’s unclear where they are in the process.

Notification of their employment was not immediately available to OPD on Friday.

Linaldi was charged with involuntary manslaughter.

Lisa Fernandez is a reporter for KTVU. Email Lisa at [email protected] or call her at 510-874-0139. Or follow her on Twitter @ljfernandez