CHP Officer Who Shot Woman 12 Times Not Liable After All, Court Says

Categories: Law & Order
chps.jpeg
Well, the job was clearly romanticized
The Ninth Circuit Court of Appeals overturned a jury verdict of wrongdoing against CHP Officer Stephen Markgraf, who shot and killed Karen Eklund as she led officers on a high-speed chase through San Francisco.

On March 26, 2006, at about 2 a.m., Eklund, who was wanted for identity theft, was spotted driving a stolen car near Antioch. CHP officers chased after her as she sped at 100 mph along Highway 4 and across the Bay Bridge into San Francisco.

Eklund finally came to a stop at a cul-de-sac in the Mission Terrace neighborhood. While Markgraf tried to get her to turn off her ignition, she ignored him, yelling "Fuck you" before ramming her car three times into his cruiser.
Within 30 seconds of the collision, officers drew their weapons, yet Markgraf was the only one who fired, shooting Eklund 12 times before another officer told him to stop. She died instantly.

Although Eklund was unarmed, Markgraf defended the shooting, saying he was scared that she was about to run over officers. Eklund's daughters, who were 10 and 12 at the time, sued Markgraf and won. The jury awarded them $60,000 in damages, plus another $560,000 for legal fees.

But in a 3-0 decision, the Ninth Circuit this week overturned that verdict, saying the case should have never gone to a jury trial and that Markgraf was clearly in a high-pressure situation where he thought he was in danger.

Given how quickly the shooting happened after she rammed her car into his vehicle, "he lacked the opportunity for actual deliberation," the court said.

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7 comments
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Bmoreofc794
Bmoreofc794

She WAS armed-with her vehicle! She chose to use it as a weapon, this should never have gone to court...hopefully now the officer can move on and get some closure from this incident!!!!

Flemingrandolph
Flemingrandolph

Good outcome. Justice served.

Hombre
Hombre

BAD outcome. Unarmed civilian, officer went straight through the force spectrum to lethal unnecessarily.

4653993
4653993

Hombre, your facts are wrong. The officer was not involved in a "bad shooting" shortly beforehand. The officer is still empolyed with the CHP. If any officer is involved in a "bad shooting" they loose there job and go to prison.

4653993
4653993

Bad outcome. It was a 3-0 decision. Ekuland was armed with a 2000 pound automobile. You talk about force sepctrum. You know nothing about force spectrum. Is the officer suppose to beat the car with with his baton first? It would not surprise me if you were a supervisor (sheep) in law enforcement! Sitting safely behind your desk while the real cops (sheep dogs) got out and do the job.

Adam
Adam

Excellent outcome. Officer is not psychic and doesn't know if the person actively trying to run him over is unarmed.

Hombre
Hombre

Again, bad outcome. Officer was involved in another bad shooting shortly beforehand. CHP are cowboys.

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