A federal jury sided with the City of Eugene Tuesday in a lawsuit over a fatal police shooting in 2019.
Eugene Police officer Sam Tykol shot 40-year-old Eliborio Rodrigues Jr. during an encounter in a neighborhood street at night on Nov. 30, 2019. Tykol claimed the two got into a physical altercation, and he feared for his life as Rodrigues tried to obtain control of his taser.
Representatives of Rodrigues’ family argued Tykol’s account of events was unreliable, and he recklessly escalated the situation with use of force.
After seven days in court, jurors ruled that both men were negligent during the stop, but Rodrigues was 55% at fault, while Tykol was just 45%.
Because Rodrigues was deemed more culpable, his widow and four children will receive no money for their claims of damages.
Tykol remains employed at the Eugene Police Department, after a previous investigation by the Lane County District Attorney deemed his use of force justified. He is now a sergeant.
The incident
According to bodycam footage, Tykol approached Rodrigues, who was unarmed and collecting bottles in dark clothing, and questioned him on why he was walking in the roadway.
When Rodrigues didn’t respond to Tykol’s orders, the officer grabbed the man’s arms, forced him to the ground and attempted to pepper spray him.
That seemingly led to a struggle, and Tykol’s bodycam stopped recording. In court, Tykol said immediately after his bodycam fell off, he chased a fleeing Rodrigues, who then turned around and began fighting.
Tykol said Rodrigues fled again, and the officer tackled him to the ground. But he said Rodrigues outwrestled him and ended up on top.
Tykol testified that he tried to use his taser at close range, but it wasn’t effective. He said as he continued to hold the taser button down, Rodrigues pushed the device into the officer’s crotch and leg, and Tykol began to feel part of his body become numb.
Tykols said he was afraid for his life and was worried that if he didn’t act quickly, Rodrigues would knock him out or incapacitate him and take his gun.
“My perception is he was there trying to hurt me and to kill me,” Tykol told the jury.
Tykol said he got out from under Rodrigues, and fired three shots at close range. Rodrigues was pronounced dead at the scene.
Court exhibits of the taser indicated that it had been activated two times during the period of the encounter. It was found under Rodrigues.
The plaintiff
Witnesses for the family said in the bodycam footage, they saw a man who was frightened. In the recording, Rodrigues can be heard asking repeatedly for a sergeant, and calling for neighbors to help as Tykol was restraining him.
The plaintiff accused Tykol of failing to establish rapport, deescalate, or properly assess danger, as the officer used pepper spray on a suspect who was peacefully resisting.
They argued under police policy, Tykol should’ve waited for back-up and not repeatedly given chase.
“Every step of the way, Officer Tykol made mistakes that led to escalations of violence each time,” said Tony Rosta, a lawyer for the plaintiff, in closing rebuttal.
The plaintiff also cast doubt about the testimony of Tykol, who provided the sole account of what happened just before the shooting. The lawyers questioned whether Rodrigues had intentionally tried to use the taser on Tykol, or had instead tried to push the device away from him.
And they doubt whether it was reasonable for Tykol to believe Rodrigues—who had tried to flee twice and hadn’t reached for his gun—had planned to kill him.
“We’ll never know what really happened,” said Rosta, “except that in a very short time, someone was dead for a nothing stop.”
On the stand, Tykol’s friends and children painted a portrait of their lost loved one as a teddy-bear and a father who taught his children to respect all people.
In teary testimony, Ofelia Hernandez Santiago, who represented the estate in this case, said Tykol had helped keep her son off the street and treated him as one of his own children.
“He saved my son,” said Santiago. “I have my son because of him.”
The plaintiff sought compensation for funeral expenses, for the mental anguish that Rodrigues went through when he was dying, and to help support his children.
The defense
A lawyer for the defense, Ben Miller, pointed to marks on Tykol’s body and on his clothing to try to corroborate the officer’s versions of his events.
He also accused Rodrigues of negligence through his lack of cooperation with the officer and resisting arrest.
“Communication is a two way street," Miller told the jury. “And one of the things you’ll be asked is, is it reasonable for Rodrigues not to engage?”
The defense argued that if Tykol had let Rodrigues go without giving chase, the man could have barricaded himself in a neighboring house.
Miller also characterized Rodrigues as potentially impaired, pointing to the presence of methamphetamine in his urine and bloodstream, according to a drug screening. He said while the testimony of friends and family about Rodrigues’ character was compelling, those didn’t match up with the facts.
“The individual that they describe is not the individual that Sergeant Tykol met that night,” said Miller.
KLCC has reached out to the City of Eugene, the Eugene Police Department, Miller, and to the plaintiff in this case through a proxy. This story may be updated.
