CARMEL-BY-THE-SEA, Calif. -- The mother of a man killed by a Carmel police officer after allegedly charging officers with a crowbar has filed a lawsuit against several parties she holds responsible for her son's death.
Ellen Barrett, the mother of 27-year-old James Marshall, who was killed in October 2024, has filed a lawsuit against the City of Carmel, Carmel Police Chief Paul Tomasi, Sgt. Gerald Maldonado, Officer Rene Guevara, and 10 other unnamed officers and supervisors.
Barrett claims that her son, who was bipolar and experiencing a mental health crisis, was unnecessarily killed during an encounter with Carmel police.
According to the civil complaint, Barrett informed the department of her son's mental health condition when she called the police to help calm him down.
The officers were allegedly aware of his history of mental illness, having responded to similar incidents at her home in the past.
Marshall was later seen wandering on Monte Verde Street between 8th and 9th Avenues armed with a rifle and a crowbar around 8:30 a.m., according to reports.
The Monterey County District Attorney's Office stated that Marshall brandished what appeared to be an AK-47-style rifle, which later turned out to be a BB gun, as well as pepper spray, a knife, and a crowbar.
Dressed in tactical gear, Marshall allegedly threatened neighbors with the BB gun.
Barrett reportedly called 911 and informed police her son was having a mental health breakdown and wanted to die by police.
She also mentioned that the weapon he was carrying was a BB gun.
Despite this, a crisis intervention team was not deployed, according to the complaint.
"At approximately 10:07 AM, they saw Marshall on the sidewalk in front of his residence. Marshall moved to his driveway and Sergeant Maldonado fired bean bag rounds at Marshall to subdue him as Marshall faced toward the sidewalk. This had no effect, although later the BB rifle was found at this location. The officers chased Marshall into his backyard where he disobeyed officers' orders despite being hit with additional bean bag rounds," said a media release from the district attorney's office.
"Drop the crowbar. We don't want to shoot you," police chief Paul Tomasi pleads in the video.
Video evidence shows officers pleading with Marshall to drop the crowbar. Officer Rene Guevara fired six live rounds at Marshall, while Sgt. Maldonado fired seven additional beanbag rounds.
Despite being shot multiple times, Marshall continued to advance.
During the incident, Marshall reportedly said, "I'm sorry, dude. I don't know what I did," while being handcuffed.
Marshall later died of his injuries, with an autopsy revealing that a gunshot entered his right abdomen, went through his lung, and lodged in his back.
A toxicology report indicated Marshall had THC and antidepressants in his system at the time.
The district attorney's office cleared Officer Rene Guevara and Sgt. Maldonado of any criminal wrongdoing.
Their investigation focused on whether officers committed a crime, not on the efficiency of their tactics or training.
The lawsuit alleges that Marshall fled to the backyard "out of fear," where responding officers pursued him.
The suit claims that, despite Marshall being contained and showing no intent to harm the officers or anyone else, the officers used excessive and unreasonable force, firing multiple lethal rounds.
It further contends that the officers' poor tactics escalated the situation unnecessarily. The complaint also highlights systemic issues within the department, including failure to train officers adequately and denial of medical care following the shooting.
Attorney Dale K. Galipo, representing Barrett, stated, "We believe the use of deadly force was in violation of James Marshall's Constitutional rights and that the officers' poor tactics and training played a part in this unjustifiable use of deadly force. It is our hope to provide Ms. Barrett with justice for her son, closure, and to help this family heal. Our hearts grieve for this mother's loss of her son."
The lawsuit seeks the following damages:
The lawsuit claims excessive and unreasonable force, failure to de-escalate, denial of medical care, constitutional violations, and broader systemic issues.