City councilmembers are expected to approve the settlement payment to Marcus Evans, who suffered a broken leg and other injuries during the October 24, 2024, confrontation with police at Evans’ South San Diego home.
According to the lawsuit, police were called to a home on Duluth Avenue near Encanto in response to a call that a man with a gun had entered a home.
When police arrived, officers called the occupants of the home outside. Four people exited, with arms raised.
Video of the incident obtained by CBS 8 shows 32-year-old Marcus Evans exit the apartment, wearing athletic shorts, with no shirt or shoes.
Police officers ordered Evans to place his hands in the air above his head and turn around. Evans did, while questioning why police were at his house, with guns drawn and a police dog at the ready.
Evans, with his hands up in the air, then sat on a wall, telling officers he was going to sit down. Officers threatened to shoot him with bean bags.
Moments after he sat, an officer fired one bean bag round, striking Evans in the stomach. Evans fell to the ground in pain.
“Why did you shoot me? Why did you shoot me?” asked Evans repeatedly.
Officers said they were concerned that Evans had a gun. Evans responded again, asking why officers were on his property. Evans then mentioned a potential lawsuit. Before he finished his sentence, officers fired another bean bag round and sicced the K9 on him briefly.
“Stop, please, stop,” Evans yelled as the K9 approached him. “Why are you trying to shoot me in front of my house?” yelled Evans as he sat on the ground with his arms raised.
Just then, an officer fired another bean bag round. The bean bag, lodged into his shin, broke the bone, according to the complaint. The K9 Officer then sicced the dog on Evans again. The dog was biting his arm when officers arrested Evans.
Evans, according to the lawsuit, was not charged with any crime and was taken to a hospital for treatment.
The city council will discuss whether to give final approval of the settlement at its meeting on September 9.
