Innocent bystander shot by S.F. police closer to settlement with city 

click to enlarge Officers shot at a suspect who pulled out a TEC-9, but missed and instead struck a woman in September 2011. - MIKE KOOZMIN/THE S.F. EXAMINER
  • Mike Koozmin/The S.F. Examiner
  • Officers shot at a suspect who pulled out a TEC-9, but missed and instead struck a woman in September 2011.

An innocent bystander who was shot by police in North Beach in 2011 could receive $50,000 according to details from a settlement that is expected to be voted on by the Police Commission in the coming weeks.

Jessica Orozco and an Oakley man were injured in the shooting, which happened about 2 a.m. on Sept. 17, 2011, on Broadway between Montgomery and Kearny streets, police said.

Officers were chasing Jesus Paredes Rodriguez, whom they had witnessed allegedly conducting a drug transaction and who tried to flee after police patted him down, police said.

Police said that as he fled, Rodriguez, who was 20 at the time, allegedly pulled out a TEC-9 gun and pointed it at officers but didn't shoot.

An officer fired his service weapon in self-defense, missing Rodriguez but hitting Orozco and the other bystander, who were behind him in a parking lot, police said.

Orozco was struck in the right thigh and is still experiencing residual numbness in her leg, her attorney Edward Casey said Wednesday.

Casey filed a lawsuit on Orozco's behalf in U.S. District Court against the city and county of San Francisco and the police officers involved in the incident.

Casey said the shooting wasn't necessary because Rodriguez was getting rid of his gun and throwing it to the ground rather than pointing it at the officers.

"It's something that happened that shouldn't have happened but the officers felt the need to try to protect the public," he said.

The case against Rodriguez is still pending in court, Casey said.

Police Chief Greg Suhr held a community meeting in the days after the shooting and said, "The department cannot feel worse about having two bystanders injured."

Added Suhr: "However, the alternative of having a suspect with this weapon ... could've been a lot worse."

The $50,000 settlement was reached in April but has to be approved by thes Board of Supervisors. The Police Commission had the item on its agenda for its meeting Wednesday, but the agency canceled its meeting when it did not have a quorum.

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