MARK E.

MERIN LAW OFFICE OF

mark@markmerin.com
MARK E. MERIN
PAUL H. MASUHARA ATTORNEY AT LAW
paul@markmerin.com

ATTACHMENT

GOVERNMENT CLAIM RE: OFFICER-INVOLVED DEATH OF XANDER MANN AGAINST

COUNTY OF STANISLAUS, STANISLAUS COUNTY SHERIFF’S DEPARTMENT,
SHERIFF JEFF DIRKSE, DEPUTY GERARDO ZAZUETA, ET AL.

In an outrageous demonstration of gross violation of state and federal constitutional rights and
Stanislaus County Sheriff’s Department policy, on May 18, 2021, Sheriff’s deputies initiated a high-
speed chase of a vehicle occupied by five teenagers after they fled from a minor traffic infraction in
Modesto, executed a highly-dangerous Pursuit Intervention Technique (“PIT”) maneuver causing the
vehicle to spin out of control and crash, then shot repeatedly into the vehicle killing the driver and
wounding two passengers. The claim is brought on behalf of the deceased driver, 16-year-old Xander
Mann, and the other four teenagers injured and terrorized by the responsible law enforcement officers.

(a) Names of Claimants

• Estate of Xander Mann (the estate of the decedent Xander Mann)

• Amy Pickering (the biological mother of Xander Mann)
• Justin Mann (the biological father of Xander Mann)

(b) Address Where Notices To Be Sent

Mark E. Merin
Law Office of Mark E. Merin
1010 F Street, Suite 300
Sacramento, CA 95814

(c) Date, Place, and Circumstances Giving Rise to the Claims

The Officer-Involved Death Incident

On May 18, 2021, around 2:00 a.m., 16-year-old Xander Mann was driving his vehicle, in which
his friends were passengers, including 14-year-old V.K. in the front passenger seat; 18-year-old
Rhiannon Taylor in the rear passenger seat behind the driver-seat; 15-year-old L.V. in the rear-center
passenger seat; and teen-age H.D. in the rear passenger seat behind the front-seat passenger.

The vehicle driven by Xander was pulled-over by a Stanislaus County Sheriff’s Department
patrol vehicle driven by Deputy Jesse Tovar and Deputy Brandon Stanley, a field training officer, near
North Carpenter Road and Torrid Avenue in Modesto, California. Deputy Tovar approached the driver-
side of Xander’s vehicle and observed that the vehicle was occupied with five teen-age persons. Deputy
Tovar asked Xander to roll down his window. Xander rolled-down the driver-side window half-way.
Then, Deputy Tovar asked Xander to turn off his vehicle’s engine. The vehicle then drove away from

1010 F STREET, SUITE 300, SACRAMENTO, CALIFORNIA 95814
(916) 443-6911
FAX (916) 447-8336
Attachment
LAW OFFICE OF
Government Claim Re: Officer-Involved Death of Xander Mann
MARK E. MERIN
June 4, 2021 ATTORNEY AT LAW
Page 2 of 5

Deputy Tovar. Deputy Tovar returned to his patrol vehicle, reported that a suspect’s vehicle had fled,
and a vehicle pursuit ensued.

The pursuit lasted approximately 20 minutes and the vehicle driven by Xander was pursued for
approximately 15 miles by patrol vehicles from the Stanislaus County Sheriff’s Department. Law
enforcement patrol vehicles utilized Pursuit Intervention Technique (“PIT”) maneuvers against the
vehicle driven by Xander Mann on at least two occasions. The PIT maneuvers were utilized, despite that
fact that deputies were aware that the vehicle being pursued was filled with teen-age persons. The
deputies’ utilization of PIT maneuvers against the vehicle driven by Xander were inconsistent with
California Peace Officer Standards and Training (“POST”) and violated Stanislaus County Sheriff’s
Department’s policies, including Policy 314 (“Vehicle Pursuits”) and Policy 314.7 (“Pursuit
Intervention”).

On the second occasion that deputies utilized a PIT maneuver against the vehicle driven by
Xander, the vehicle spun-out near Finch Road and McClure Road in an unincorporated area located in
the County of Stanislaus, California. Deputy Tovar expressed his concern, while witnessing the policy-
violating PIT maneuver. Deputy Tovar recognized that the PIT maneuver placed fellow deputies and the
teen-age passengers at risk, when he stated: “Watch out! Watch out! Watch out for your partner! Watch
out for your partner! There’s kids in there!”

After the spin-out caused by the second PIT maneuver, the vehicle driver by Xander moved in
reverse before coming to a stop on a curb. Inside of the vehicle, Xander and his teen-age passengers
were in agreement that it was time for the pursuit to end and for Xander to surrender. The vehicle driven
by Xander moved slowly forward from the curb, towards patrol vehicles that were attempting to “box-
in” the vehicle driven by Xander. Xander was reaching for the keys to the ignition, in attempt to turn off
the vehicle’s engine. The vehicle drived by Xander slowly moved between a gap created by the patrol
vehicles. The vehicles driven by Xander was pointed away from any patrol vehicle.

A patrol vehicle driven by Deputy Gerardo Zazueta, a field training officer, had come to stop
facing the vehicle driven by Xander. Deputy Zazueta failed to activate his body-worn camera at any
time during his pursuit of the vehicle driven by Xander or thereafter, despite several opportunities to do
so. Deputy Zazueta’s failure to activate his body-worn camera violated Stanislaus County Sheriff’s
Department’s policies, including Policy 445 (“Body Worn Camera Policy”).

The vehicle driven by Xander slowly passed the vehicle driven by Deputy Zazueta in the
opposite direction. Deputy Zazueta quickly exited his vehicle, drew his pistol, and pointed it at the
vehicle driven by Xander, as it slowly passed by Deputy Zazueta. Deputy Zazueta was never in danger
of being struck by the vehicle driven by Xander and it never posed a threat to Deputy Zazueta or to
anyone else, as it was slowly moving forward. Deputy Zazueta approached the driver-side of the vehicle
driven by Xander and fired his pistol at least three times through the vehicle’s driver-side window and
into the passenger compartment occupied by the five teen-aged persons. Deputy Zazueta’s discharge of
his pistol was inconsistent with California Peace Officer Standards and Training (“POST”) and violated
Stanislaus County Sheriff’s Department’s policies, including Policy 300 (“Use of Force”), Policy
300.4.1 (“Shooting At or From Moving Vehicles”), and Policy 314.7.3 (“Use of Firearms”).

1010 F STREET, SUITE 300, SACRAMENTO, CALIFORNIA 95814
(916) 443-6911
FAX (916) 447-8336
Attachment
LAW OFFICE OF
Government Claim Re: Officer-Involved Death of Xander Mann
MARK E. MERIN
June 4, 2021 ATTORNEY AT LAW
Page 3 of 5

Deputy Zazueta’s gunshots struck at least three passengers in the vehicle driven by Xander.
Xander was struck by a bullet on the left side of his head, as he sat in the driver seat of the vehicle. V.K.
was grazed by a bullet on her throat, as she sat in the front passenger seat of the vehicle. H.D. was
grazed by a bullet on his head, as he sat in the rear passenger seat behind the front-seat passenger of the
vehicle. L.V. ducked-down and narrowly avoided being struck by a bullet.

Xander immediately became unconscious, after Deputy Zazueta shot him in the head. Xander’s
body fell, limp in the driver-seat of the vehicle, and his foot depressed the vehicle’s accelerator. The
vehicle rapidly accelerated forward by several yards, arcing to the left, before crashing into a utility
pole.

The Post-Incident Events

Xander was pulled from the vehicle and transported to a hospital, where he was pronounced
braindead. Xander was later removed from life-support, after his organs were harvested for donation.

The remaining passengers in the vehicle, V.K., Rhiannon Taylor, L.V., and H.D., were detained,
without cause, and subject to interrogation by the Stanislaus County Sheriff’s Department. Sheriff’s
Department personnel refused appropriate care to the teen-age passengers.

V.K. was bleeding from the gunshot-graze wound she sustained on her neck and required
medical attention but Sheriff’s Department personnel refused to provide it. Ultimately, V.K. was forced
to obtain medical treatment on her own, after Sheriff’s Department personnel released her from custody.

H.D. required approximately 48 stitches/staples to close the gash created by the gunshot graze
wound he sustained on his head.

The Sheriff’s “Critical Incident Video” Release

On May 29, 2021, Stanislaus County Sheriff Jeff Dirkse published a “Critical Incident Video”
concerning the officer-involved death incident. See <https://www.youtube.com/watch?v=J__3KqnjffU>.
Sheriff Dirkse was obligated to release video footage of the officer-involved shooting, pursuant to Cal.
Pen. Code § 832.7(b). But Sheriff Dirske could not do so, because Deputy Zazueta failed to activate his
body-worn camera, in violation of the Stanislaus County Sheriff’s Department’s policies, including
Policy 445 (“Body Worn Camera Policy”).

Sheriff Dirkse’s presentation provided incomplete and false information concerning the killing of
Xander Mann, in attempt to “spin” the public’s perception of the officer-involved shooting incident. For
example:

• Sheriff Dirkse stated: “Shortly after the first PIT maneuver was attempted, Mann drove
his vehicle directly towards one of the deputies. The deputy was able to conduct a rapid
evasive maneuver and was narrowly missed.” Sheriff Dirkse provided no information or
footage to corroborate these false accusations.

1010 F STREET, SUITE 300, SACRAMENTO, CALIFORNIA 95814
(916) 443-6911
FAX (916) 447-8336
Attachment
LAW OFFICE OF
Government Claim Re: Officer-Involved Death of Xander Mann
MARK E. MERIN
June 4, 2021 ATTORNEY AT LAW
Page 4 of 5

• Sheriff Dirkse stated: “The car hit a curb and then immediately accelerated forward,
towards field training officer Zazueta, who had just exited his patrol car. Deputy Zazueta
discharged his firearm, striking the driver.” Sheriff Dirkse provided no information or
footage to corroborate these false accusations. Additionally, Sheriff Dirkse omitted the
fact the Deputy Zazueta’s gunfire struck two additional passengers in the vehicle, in
addition to the driver.

• Sheriff Dirkse’s video narrated: “During the video, FTO Stanley can be heard saying
‘shots fired’ as the driver of the car sped forward narrowly missing Deputy Zazueta who
was outside of his patrol car. [¶] Deputy Zazueta discharged his service weapon.” Sheriff
Dirkse provided no information or footage to corroborate these false accusations.
• Sheriff Dirske stated: “As Deputy Zazueta exited his patrol car, he was immediately
confronted with a vehicle driving directly towards him. Deputy Zazueta had no time nor
place to retreat.” Sheriff Dirkse provided no information or footage to corroborate these
false accusations.

• Sheriff Dirkse stated: “Due to the rapid nature of how this critical incident unfolded,
Deputy Zazueta did not activate his body-worn camera.” Sheriff Dirkse provided no
information to corroborate these false accusations.

(d) Description of Injury, Damage, or Loss Incurred

Based on the circumstances described above, Claimants have experienced pain, suffering,
hedonic, and/or loss of familial association and were deprived of their civil and constitutional rights
under federal and state law.

Claimant Estate of Xander Mann, proceeding through Xander Mann’s successors-in-interest

Amy Pickering and Justin Mann pursuant to Cal. Code Civ. Proc. § 377.30, contemplates bringing the
following claims, without limitation: (1) excessive force (U.S. Const., Amend. IV; 42 U.S.C. § 1983);
(2) excessive force (Cal. Const., Art. I, § 13); (3) Tom Bane Civil Rights Act (Cal. Civ. Code § 52.1);
(4) assault/battery; and (5) negligence.

Claimants Amy Pickering and Justin Mann, the biological parents of Xander Mann, contemplate
bringing the following claims, without limitation: (1) unwarranted interference with familial association
(U.S. Const., Amend. XIV; 42 U.S.C. § 1983); (2) unwarranted interference with familial association
(U.S. Const., Amend. I; 42 U.S.C. § 1983); (3) Tom Bane Civil Rights Act (Cal. Civ. Code § 52.1); and
(4) wrongful death (Cal. Code Civ. Proc. § 377.60).

(e) Responsible Parties

The County of Stanislaus and Stanislaus County Sheriff’s Department deputies involved in the
officer-involved death incident described above, including Deputy Gerardo Zazueta, acting within the
scope of their agency or employment, are responsible for Claimants’ injuries.

The County of Stanislaus, Stanislaus County Sheriff’s Department, and Sheriff Jeff Dirkse are
responsible for Claimants’ injuries, as a result of the lack of proper supervision, training, or discipline;

1010 F STREET, SUITE 300, SACRAMENTO, CALIFORNIA 95814
(916) 443-6911
FAX (916) 447-8336
Attachment
LAW OFFICE OF
Government Claim Re: Officer-Involved Death of Xander Mann
MARK E. MERIN
June 4, 2021 ATTORNEY AT LAW
Page 5 of 5

pursuant to policy or custom; and/or the result of the lack of policy or custom. The County of Stanislaus,
Stanislaus County Sheriff’s Department, and Sheriff Jeff Dirkse are directly responsible for condoning
known constitutionally-deficient conduct carried out by their subordinates, and for establishing policies
or customs of action or inaction that caused or contributed to Claimants’ injuries. For example, a policy
or custom of knowingly participating in and/or acquiescing to the creation and maintenance of a culture
permitting or encouraging personnel’s use of unreasonable and excessive force. In addition, the County
of Stanislaus and Stanislaus County Sheriff’s Department are vicariously responsible, through the
principles of respondeat superior, for the actions and inactions of their officers, employees, and/or
agents. See Cal. Gov. Code §§ 815.2(a), 820(a).

The multiple, currently-unknown County of Stanislaus and Stanislaus County Sheriff’s

Department personnel, employees, and/or agents are responsible for actions and inactions causing the
injuries sustained by Claimants, as described above.

(f) Damages & Jurisdiction

The amount claimed exceeds $10,000. If filed in a Superior Court of California, the action would
qualify for Unlimited Civil Case Jurisdiction, as the amount in controversy would exceed $25,000.

1010 F STREET, SUITE 300, SACRAMENTO, CALIFORNIA 95814
(916) 443-6911
FAX (916) 447-8336