Jurors rule California meth addict was 80 percent to blame for his death during police confrontation

A California meth addict killed by a cops’ stun gun three years ago has been ruled 80 percent to blame for his own death – following a two-year-long federal lawsuit filed by his sister.  

The suit stems from the July 2019 death of 34-year-old Kevin Niedzialek in Temecula, and spurred a trial that began on March 28 before U.S. District Judge Jesus G. Bernal.

Filed by Niedzialek’s surviving sister, 49-year-old Tracey Alves, the wrongful death lawsuit was filed in federal court due to it alleging that officers violated Niedzialek’s constitutional rights in the buildup to his death.

Prior to the arrival of officers, bystanders in the SoCal city roughly an hour’s drive from LA called 911 because they witnessed Niedzialek behaving in ‘an erratic and threatening manner,’ Riverside County sheriff’s said at the time. 

A struggle then ensued, culminating with the recovering addict being twice incapacitated by a deputy’s stun gun – and dying soon after. On Friday, a five-man, three-woman jury deemed that Niedzialek was ‘mostly’ at fault for his own death – with enough reasonable doubt to award Alves $1.5 million.

The suit stems from the July 2019 death of 34-year-old Kevin Niedzialek in Temecula, and spurred a trial that began on March 28

In actuality, the jury awarded Alves $7.5 million, but deducted $6million from the full award due to Niedzialek supposedly being ’80 percent’ at fault.

Sheriff Chad Bianco on Friday praised the juror’s decision – while also questioning what it was exactly the eight citizens had really agreed upon.

‘Today, the jury found that our Riverside County Sheriff’s Department deputies did not violate the constitutional rights of decedent Kevin Niedzialek,’ Bianco said in comments passed along by the department’s Media Information Bureau.

He added: ‘They also found that our department’s training on prone restraint and positional asphyxia was lawful and played no role in this tragic, methamphetamine death.’

In statements provided to the United States District Court for the Central District of California, deputies employed under Bianco said they found Niedzialek – whose family said he was in recovery – ‘shouting incoherently and exhibiting aggressive behavior’.

Suspecting Niedzialekwas under the influence of an illicit substance, the officers attempted to approach him – but found the man to be uncooperative, yelling, and aggressive and combative with the lawmen.

A Taser conductive energy device was subsequently deployed and discharged twice on Niedzialek, in dart mode, sending him writhing to the floor as officers tried to subdue him.

Eventually restraining Niedzialek in the prone position and handcuffing his wrists from, the officers eventually realized the alleged addict was no longer resists. They then moved him from a prone to a supine position, and saw he was unresponsive.

‘While … the jury found that two of our deputies were negligent toward Mr. Niedzialek after he was handcuffed, the jury also found that Mr. Niedzialek was liable for 80% of damages they awarded. 

‘While our hearts go out to the decedent’s family for their loss, the Sheriff’s Department is gratified that the jury correctly understood that there was no excessive force or defective training here.

 ‘They also found that our department’s training on prone restraint and positional asphyxia was lawful and played no role in this tragic, methamphetamine death. 

‘The jury also rejected all claims, including rejecting all punitive damages claims, against Sheriff Bianco himself.’