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GERAGOS & GERAGOS

A PROFESSIONAL CORPORATION
LAWYERS
HISTORIC ENGINE CO. NO. 28
644 South Figueroa Street
Los Angeles, California 90017-3411
Telephone (213) 625-3900
Facsimile (213) 232-3255
Geragos@Geragos.com

MARK J. GERAGOS
SBN 108325
BEN J. MEISELAS
SBN 277412
ZACK V. MULJAT
SBN 304531
Attorneys for Putative Plaintiffs Judy Edens, Ashton Kyle by and through his guardian ad
litem Nena Chavez, Stephen Jace Alderman by and through his guardian ad litem
Stephanie Elliott

GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

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CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910

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KERN COUNTY, CITY OF BAKERSFIELD

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JUDY EDENS, an individual (mother);

ASHTON KYLE, by and through his
guardian ad litem NENA CHAVEZ (son);
STEPHEN JACE ALDERMAN, by and
through his guardian ad litem
STEPHANIE ELLIOTT (son)

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Putative Plaintiffs,

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adv.
CITY OF BAKERSFIELD;
BAKERSFIELD POLICE
DEPARTMENT; OFFICER CHAD
GARRETT; OFFICER RICK WIMBISH;
DOE OFFICERS 1-10;

Claim No.: UNASSIGNED

CALIFORNIA GOVERNMENT TORT
CLAIM PURSUANT TO SECTION 910,
ET AL.; NOTICE AND INTENT TO SUE
CITY OF BAKERSFIELD,
BAKERSFIELD POLICE
DEPARTMENT, OFFICER CHAD
GARRETT, OFFICER RICK WIMBISH;
DOES 1-10
City Clerk, City of Bakersfield
1600 Truxtun Avenue
Bakersfield, California 93301

Putative Defendants.

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-1CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910

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HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

STATEMENT OF CLAIM
The Alderman family and wrongful death heirs of 29-year old Jason Alderman,

including his two infant sons and mother, bring this Notice of Claim pursuant to California

Government Code Section 910 against the City of Bakersfield, Bakersfield Police

Department, and Bakersfield Police Officers Chad Garrett and Rick Wimbish for the cold-

blooded execution of Jason Alderman on August 22, 2015 at 11:22 PM.

The autopsy investigation report, which purports to be dated November 2, 2015,

confirms what video surveillance also proves, which is that Alderman was shot in the side

and back (back-to-front entrance wounds).

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GERAGOS&GERAGOS, APC

I.

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Alderman was shot in the side and back by BPD officers as he was attempting to exit
a Subway restaurant, while crouched down, and his back turned to BPD officers. The
Subway restaurant was located on 1215 Olive Drive, Bakersfield California.
Video surveillance and the November 2015 autopsy investigation report contradict
BPD statements made to the public that Mr. Alderman exited the subway and pointed a
BMW carjack at officers which they mistook for a gun.
The entire duration of when Mr. Alderman entered the Subway to the time he was
executed inside the Subway was approximately 2 minutes and 33 seconds.

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BPD officers Garrett and Wimbish have divined themselves judge, jury, and

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executioner in their interaction with Bakersfield citizens, treating the use of lethal force as

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their first option during a civilian encounter and disregarding de-escalation protocol,

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establishing perimeters, calling for backup, and using non-lethal force. Non-lethal force

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and de-escalation are not even in BPDs vocabulary.

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BPD Officers Garrett and Wimbish were never even called to the Subway, and were

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conducting an entirely separate investigation when, within a 2 minute time period, they

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showed up at the Subway and shot and killed Alderman in the back. Garrett and Wimbish

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have been involved in multiple other officer-involved-shootings of unarmed men, including

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BPDs own confidential informant Jorge Ramirez and 22 year-old James DeLarosa whose
corpse was subsequently manipulated by BPD Officer Stringer who stated he loved tickling
the corpses of people BPD killed.
-2CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910

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II.

BPD COVER UP / DISTRICT ATTORNEY COLLUSION

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a. The Video
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GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

Initially, BPD denied the existence of video footage. Upon the discovery of
functioning video surveillance capabilities at the time of the incident by the Alderman family
attorneys, BPD acknowledged video existed but stated it would not be released for the

dignity of the Alderman family. The Alderman family demanded the video and sent an

investigator to BPD headquarters to retrieve the video. BPD stated it would not turn over the

video to the family after claiming they were not turning over the video to help the family.

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Nearly 6 months after Jasons murder, and formal requests which were made shortly

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thereafter by Alderman family attorneys for the video, BPD released video to the media

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before providing it to the Alderman family. The BPD eventually gave the Alderman family

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a non-functioning DVD. The video played by the media contradicts BPD reports that

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Alderman exited the Subway and presented an imminent threat to the lives of BPD officers.

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The video shows Alderman crouching with his back turned to BPD officers when he was
shot in the back and side and killed.

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-3CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910

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b. Fraudulent Critical Incident Review Board Process

BPDs Critical Incident Review Board cleared BPD Officers Garrett and Wimbish of
misconduct on September 29, 2015. BPD issued a press releases confirming the news.

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GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

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However, at the time BPD cleared itself, the investigation into the murder of Jason
Alderman was far from complete. In the rush to clear itself at all costs, BPD violated all
independent investigation protocols in reaching self-serving findings of fact before the

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Coroners investigation report was complete. As shown below, the Coroners investigation

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is dated November 2, 2015, more than a month after BPD rendered its findings.

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The completed coroners investigation report dated November 2, 2015, which had not
been prepared when BPD cleared itself of wrongdoing on September 29, 2015, clearly
demonstrates the efforts by BPD to cover up the facts surrounding their execution of Jason
Alderman. According to the autopsy investigation, BPD initially reported after the incident

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that Alderman exited the Subway, wearing a black mask, and raised a black colored
object at the officers outside of the Subway.

According to the initial reports from BPD

officers, Alderman ran back into the Subway after he was shot.

The autopsy report states

the following:

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GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

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The autopsy report itself is backdated to November 2, 2015, as it references a

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communication with BPD Detective Ken Sporer which took place after on November 7,

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2015, further questioning the veracity and authenticity of any document relating to the

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Alderman investigation. In any event, the November 2, 2015 autopsy investigation report
states that on November 6, 2015, BPD Detective Sporer stated that he completed his
investigation and for the first time provided the coroner with further information, that
Alderman never exited the business. According to the Coroners report, this new
information came from the video surveillance.

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-5CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910

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c. Results of Autopsy
Far from posing any threat to officers, the autopsy investigation report, which was
completely ignored by BPDs Critical Incident Review Board, reveals what can be seen on
the video surveillance Jason Alderman was shot in the back in a non-threatening position
as he crouched to the ground. Specifically, gun-shot wounds #6 and #7 are conclusively
back-to-front entry wounds. See below:

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GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

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-6CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910

The Coroner diagram shows the following back-to-front entry wounds:

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GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

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-7CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910

d. BPD and District Attorney Collusion

The autopsy report states that the investigation into the death of Jason Alderman was

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done in conjunction with BPD and the Kern County DA. While it was previously evident
that the Kern County DA was incapable of performing independent OIS investigations, the

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autopsy report makes clear BPD and the Kern County DA were working together, rather than
the DA serving as an independent watchdog. The very fact that BPD was permitted to
release its Critical Incident Review findings clearing itself before the autopsy investigation

report was complete demonstrates the complete and utter taint infused into this skewed and

fraudulent and mangled process.

GERAGOS&GERAGOS, APC

HISTORIC ENGINE CO. NO. 28

644 South Figueroa Street
Los Angeles, California 90017-3411

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III.

Damages include but are not limited to:

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Violation of civil rights, violation of constitutional rights, emotional injuries,

wrongful death, loss of familial relationship, loss of love, comfort and support,
punitive damages, and any other remedies as the Court shall order.

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DAMAGES

IV.

DATE AND LOCATION OF INCIDENT

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August 22, 2015 through present;

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At or around 1215 Olive Drive, Bakersfield California.

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V.

NAMES OF PERSONS CAUSING INJURIES:

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The City of Bakersfield;

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The Bakersfield Police Department;

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Officer Rick Wimbish;

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Officer Chad Garrett;

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DOE Officers 110

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VI.

ACTS OR OMISSION CAUSING INJURIES:

Violation of constitutional rights and liberties, use of unnecessary / excessive force

causing death, violation of due process, assault, battery, negligence, negligent hiring,
negligent supervision and training, intentional infliction of emotional distress, negligent
-8CALIFORNIA GOVERNMENT TORT CLAIM SECTION 910