VIDEO: Family of Man Fatally Shot by Deputy Files Claim Seeking More Than $10M

The family of a man who was fatally shot by a sheriff's deputy six months ago in Yucaipa has hired an attorney and they have filed a wrongful death claim against San Bernardino County seeking in excess of $10 million.

Merlin Factor, 26, was suspected in a vandalism/disturbance call June 29 in the 12900 block of 2nd Street before deputies stopped him in a vehicle in front of 1st Baptist Church on Yucaipa Boulevard, according to the Sheriff's Department.

About 4:30 p.m., a struggle ensued and deputies, fearing for their lives, shot Factor, law enforcement and witnesses told Patch that day. Paramedics responded and took Factor to Redlands Community Hospital where he was pronounced dead at 5:20 p.m., according to the coroner.

Attorney Dale K. Galipo of Woodlands Hills, representing Factor's family, staged a news conference Thursday Dec. 19 in the 1st Baptist Church parking lot, where he told reporters Factor was not armed when deputies shot him, he posed no threat to anyone, and the shooting was unjustified.

Cassandra Hudson, Factor's sister, tearfully read a brief statement emphasizing her brother "was not a violent person."

Galipo said the county coroner's findings in Factor's death have not been released, but an "independent autopsy" conducted by forensic pathologist Howard W. Oliver of La Crescenta shows Factor was shot 10 times, and there were three exit wounds evident through his sternum.

No one from the Sheriff's Department attended the news conference. Contacted this week by Patch, a spokeswoman with the sheriff's Public Affairs Division said the investigation of the deputy involved shooting has been completed and submitted to the San Bernardino County District Attorney.

Asked for response to Galipo's claims that the shooting was unjustified, the sheriff's spokeswoman referred to the Sheriff's Department's final news release about the shooting.

Factor was known on June 29 to have felony warrants for his arrest, sheriff's personnel said. When deputies stopped the vehicle he was in, Factor "got out and began fighting with deputies" and "attempted to retrieve a weapon during the struggle, forcing a deputy to shoot him."

Galipo told reporters he has unconfirmed information indicating the deputy who fatally shot Factor was involved in two prior shootings, including a case that was settled for $4.25 million.

Asked after the news conference to elaborate, Galipo said he was working on confirming the information, but no matter which deputy fatally shot Factor the shooting was unjustified.

Galipo said the claim he's filed on behalf of Factor's family members is against San Bernardino County, and the lawsuit he intends to file on their behalf will be filed in federal court in Riverside County.

For previous Patch reports on Factor's death and the aftermath see:

VIDEO: Deputies Shoot Suspect 'Struggling, Reaching for Waistband' in 1st Baptist Church Lot

UPDATE: Sheriff's Department IDs Suspect Fatally Shot by Deputies in Yucaipa

Sister of Man Fatally Shot by Deputies in Yucaipa: 'He Was Not Violent'