The jury trial began Monday for a lawsuit against the City of Eugene over a fatal 2019 police shooting.
On Nov. 30, 2019, Eugene Police Officer Sam Tykol shot and killed Eliborio Rodrigues Jr., a 40-year-old unarmed man who was walking in a neighborhood street at night.
According to court documents, Tykol had stopped Rodrigues, questioned him about why he was in the street, and asked him if he had identification.
Tykol later testified that the man's “behavior [did not] match the neighborhood." Rodrigues' estate said he often collected bottles and cans at night to make extra money.
According to court documents, when Rodrigues failed to comply with police orders, Tykol tried to restrain him. The officer placed a knee on the man's back and attempted to pepper-spray him.
That led to a struggle, and the officer's bodycam stopped recording. Tykol later claimed that Rodrigues fled, he chased him down, and a physical fight ensued.
Eventually, Tykol said Rodrigues ended up on top of him, and the officer deployed his taser, but it wasn't effective. Tykol claimed Rodrigues then grabbed for the taser, and pushed the device into the officer's body.
Tykol said he fired his taser again, accidentally incapacitating his own leg, as Rodrigues continued to punch him. He said he was scared for his life.
Tykol then fired three shots at Rodrigues, who was pronounced dead at the scene.
Fault
In 2019, Lane County's District Attorney found that the shooting was justified, with Tykol acting in self defense.
The city's attorneys have noted there were drugs, including methamphetamine, in Rodrigues' system at the time of the shooting.
However, the city's independent police auditor said Tykol defied department policy by failing to articulate the cause of the stop, and giving chase when he was already exhausted and in danger.
In its legal complaint, Rodrigues’ estate claimed Tykol assaulted Rodrigues, violated his constitutional rights, and unlawfully escalated the situation.
They also accused the City of Eugene of inadequate training and an unreasonable criteria for deadly use of force.
Last year, U.S. District Judge Mustafa Kasubhai ruled against the plaintiff's claims of Unreasonable Seizure and Unreasonable Use of Deadly Force, as well the claims of negligence within the City of Eugene's polices.
But he said the plaintiff’s claims of Wrongful Death and Negligence against the officer could go to trial.
The civil trial will be held this week, and potentially into next week, at the Federal Courthouse in downtown Eugene.
