ORANGE : City Rejects Accord on Death Settlement

In a surprise decision, the City Council on Thursday ignored the advice of its own attorneys and rejected a proposed settlement with the family of an unarmed man killed by an Orange police officer called to a domestic dispute two years ago.

“Just as the City Council had elected two years ago to support its police officer by taking the matter to trial, the council did not want to pay money to the children of a man who assaulted and threatened to kill a uniformed police officer,” said attorney Bruce D. Praet, who represents the city in the matter. “The City Council did not want to send the wrong message that the offspring of violent criminals will be rewarded with settlement offers.”

A Superior Court jury found last week that Orange Police Officer Jeffrey Mundt had used excessive force when he shot and killed Ramon Ibarra, 27.

But before the jury could begin deliberations on an award amount, lawyers for the two sides announced on Oct. 30 that they had reached a financial settlement.

Sources say Praet and Greg Owen, the attorney representing Ibarra’s common-law wife, Connie Owen, and the couple’s five children ages 2 to 9, agreed on a settlement of $250,000.

Owen did not return phone calls seeking comment Thursday.

The case will now return to Santa Ana Superior Court Judge Robert D. Monarch on Nov. 16 for a hearing to determine damages.

Ibarra, 27, went into a drunken rage on the night of July 9, 1990, and threatened Connie Owen. She called 911, saying she feared for her safety.

When police arrived at the couple’s home, Ibarra verbally challenged them and tossed parts of a broken fan at Mundt. A week earlier, when Mundt had been called to the Ibarra home because of a domestic dispute, Ibarra had threatened to kill him the next time the two met.

Praet said Mundt feared that Ibarra was reaching for a gun when the officer shot him.

The district attorney’s office ruled that Mundt’s action was justified, and the officer remains on the Orange police force.

Praet said some jurors expressed sympathy for Mundt after they were dismissed from the case. Many jurors felt that their rigid jury instructions left them no alternative but to find the officer liable, he said.

“They said they did not feel that Officer Mundt in any way acted maliciously toward Mr. Ibarra,” Praet said. “The jury said that with the advantage of 20-20 hindsight maybe the shooting was technically unnecessary.”

One juror commented after the case that she would only have awarded Ibarra’s family $1 because she felt that Ibarra was responsible for events leading to his own death, Praet said.

Orange officials declined all comment on their decision, referring all queries to Praet.