Bakersfield, California – Over four months after a federal jury awarded $30.5 million to the family of a man shot and killed by a Kern County Sheriff’s deputy in Mojave, the county intends to appeal the decision, but will need to post a $17 million bond to do so.
On October 3, 2020, Mickel Erich Lewis Sr., 39, was driving home with his girlfriend and her two teenage daughters after picking up ice cream sundaes from Mojave Wienerschnitzel. At some point, Deputy Jason Ayala pulled them over for a vehicle code violation.
In the end, Lewis was shot five times, twice in his back.
In November of the same year, the Kern County Sheriff’s Office review board ruled that Ayala acted within the department’s policy.
However, in a lawsuit filed by Lewis’ family in March 2021, a federal jury in Fresno determined that Ayala “used excessive and unreasonable force and was negligent.” The jury awarded Lewis’ family $30.5 million, which will be divided among the seven children.
Kern County issued a statement expressing its disagreement with the decision.
“Kern County disagrees with the court’s ruling and maintains that the Kern County Sheriff’s Office and the Deputy Sheriff responded appropriately, adhering to departmental policy and the law,” said the county’s spokesperson. “The County is reviewing the decision and will consider all legal options, including … an appeal.”
According to the most recent Kern County Board of Supervisors agenda, defendants seeking to stay enforcement of a judgment while appealing a ruling must post a bond equal to 125% of the judgment.
Kern County requested a reduced bond amount, which the court ultimately reduced to $17 million on July 6, according to the agenda.
The deadline for posting the bond is August 20. The fee for posting a bond is $85,000 per year until the appeal is decided — which can take several years, according to county officials — and the monetary judgment is fully paid.
County officials have been working with Travelers Casualty & Surety Company of America, a property and casualty insurer, to secure the $17 million bond. However, the county must still sign an indemnity agreement, which requires the county to agree to protect the insurer from any losses or expenses, according to the agenda.
On the agenda, the County Counsel requests that the Board of Supervisors approve the signing of an indemnity agreement with the insurer.
The board is scheduled to approve the indemnity agreement to secure the $17 million bond at its meeting on Tuesday, August 5.
