Banks-Reed

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 8 THE ESTATE OF SAHLEEM TINDLE, ET AL., CASE NO. 18-cv-05755-YGR

Plaintiffs,

ORDER DENYING DEFENDANT’S MOTIONS

vs. FOR JUDGMENT NOTWITHSTANDING THE

LAW AND FOR A NEW TRIAL

JOSEPH MATEU, III, Re: Dkt. Nos. 151, 152 Defendant.

Some cases should be tried. This is one such case. Video evidence showed two men struggling on the ground. On the voice recording, one could hear, from the perspective of the officer, him yelling “Let me see your hands.” A hand did in fact come up, but before anything else could happen, the officer shot that man in the back three times. Following a mistrial due to a hung jury, the second jury found that the decedent, Sahleem Tindle, was attempting to surrender in the moments immediately before he was shot in the back three times by defendant Sgt. Joseph Mateu, III. Having considered the video, the immediate post-event interview of the officer, a sophisticated graphic recreation of the scene, and testimony of…