City Awards $1.4 Million to Family in Fatal Crash

The father and other surviving relatives of three brothers killed in 1995 when their truck was struck by an LAPD car racing to an accident won a $1.4-million settlement from the Los Angeles City Council Tuesday.

“You’ll excuse me if I don’t sound overjoyed, but I’ve never been able to get over the bottom line on this case, and that’s a sad, sad story,� said attorney James Blancarte, who represents the father, Fernando Pacheco. “Mr. Pacheco is just looking forward to, literally, moving on with the rest of his family, what’s left of it. He wants to close this chapter, what has been a nightmare.�

Pacheco and his family were returning from a self-service laundry a few blocks from their San Pedro home when their 1972 compact pickup collided with a police car rushing to help an officer who had radioed for assistance at Cabrillo beach. The truck, which the elder Pacheco was driving, flipped on its side. Three of his sons, ages 4, 9 and 15, were killed, while seven other people--including the two Los Angeles police officers--were injured. The case drew the attention of the Mexican consul general, who expressed concerns about how Latino immigrants were treated by police.

The boys’ mother, 31-year-old Imelda Pacheco, fell ill and died several months ago, according to the family’s lawyer.

Witnesses disputed how fast the LAPD car was going--city officials pegged it at 47 mph--and whether it had siren blaring and lights flashing. The police conducted a lengthy investigation, and the two officers--George Ichikawa and Keith Aulick--could yet face discipline through department procedures, according to LAPD Cmdr. Art Lopez.

Among the issues in dispute is whether Ichikawa was authorized to respond to the call for help on a Code 3, or high-level emergency basis, and whether Pacheco or the police car had the green light before the collision.

The plaintiffs originally demanded $10 million, and a judge recently suggested $4 million, according to a report by the city attorney’s office. The council unanimously approved the $1.4-million package--$1.15 million to the dead boys’ father, plus $110,000 to their young brother, $125,000 to a cousin and $27,500 to an uncle, all of whom were in the crash.

“I can’t quantify in any way, and have had troubles throughout the process quantifying, what it means to lose one child, let alone two children, let alone three children,� Blancarte said, adding that he was concerned about taking the case to trial for fear that jurors would be biased against his clients because they are immigrants who speak only Spanish.

City Councilman Richard Alarcon said he, too, was concerned about going to court.

“One of the saddest things about city government is that people take advantage of the fact that juries will convict the city every time with big awards,� he said. “So you can’t go with your heart. Was this completely the city’s fault? I don’t think so.�

The Pacheco settlement, which had the council’s unanimous support, was one of four agreements totaling more than $2.5 million approved Tuesday.

The most controversial award was $250,000 to Michael Barry, who was paralyzed when a runner crashed into him at home plate while he was playing catcher during a softball game in a city park. Barry had a spinal condition that was aggravated by his fall; plaintiffs contend that the field conditions contributed to the severity of his injuries.

The city attorney’s office said in its report that the plaintiff “may have a difficult time establishing liability,� but recommended settlement anyhow, predicting that the case “will have an emotional impact due to the very serious injuries and the fact that plaintiff is now required to use a wheelchair.�

Councilman Hal Bernson was on the short side of the 8-4 vote to settle the case.

“He’s playing baseball. Those things happen. Are the taxpayers responsible for that?� Bernson said. “I feel sorry for the guy. We are not responsible. We did not cause this problem.�

The other settlements included $428,000 for Ted Johnson and $371,000 for Dean Lawrence, victims of flooding in San Pedro, and $67,500 for a workers’ compensation case brought by Police Officer Benny Mares.