National City in California has tentatively agreed to pay $1 million to an 8-year-old whose father was shot and killed by police officers at National Hwy 54 Self Storage located at 132 W 33rd St in 2021. According to court filings obtained by CBS 8, the daughter of then-28-year-old Brian Umana will receive the settlement for her father's death.
Left, the self-storage facility; right, Brian Umana
On Oct. 8, 2021, around 4:21 a.m., the National City Police Department received a 9-1-1 call from a self-storage employee who reported that a man armed with "a sword" had tried to break into one of the buildings on the property. When police arrived they ordered the man, later identified as Brian Umana, to put down his weapon (a machete). Authorities said Umana was not responsive, and turned toward them and raised the machete. Officers attempted to taser Umana but it did not stop him. At that point, they fired multiple shots, four of which struck Umana.
Despite life-saving efforts, Umana died from his injuries. On Jan. 5, 2023, following a lengthy investigation, the DA's office determined that both officers who fired their guns were justified in their actions and bore no criminal liability.
Roberto Umana, Brian's brother, was left with questions. "Why didn't they try different tactics to control the situation? Why couldn't they use pepper spray or a beanbag? There were two officers, so why did only one deploy their taser? Why didn't they call for backup? Why didn't they have a standoff? You know, it's only one guy, you know, he's not a big guy. He's 5'5". You know, he's not like this bodybuilder, huge guy."
The city said it has settled the lawsuit, which involved allegations of wrongful death and excessive use of force, to mitigate financial risk to the city and taxpayers. The attorney’s office also made it clear that the settlement was not an admission of guilt on the part of the city nor the officers. “Unfortunately, it is a reflection of the realities of our litigious society where legal and financial settlements are often pursued in an effort to avoid the uncertainty and cost of protracted litigation, even where the alleged wrongdoing is contested. The city’s decision to reach a settlement is done to mitigate financial risk to the city and taxpayers.”