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The Brandon Marshall Incident - The Class Action Anti-Trust Case Killers

It's the Attorneys and Venture Capitalists

The Brandon Marshall Incident whose life ended with a confrontation with Santa Clara deputies who faced few options like Anthony Banta Jr his fate was sealed when he lost it?  Your next clue is the suicide of Ian Murdock.







Was it Unfornuate Drugging or Perhaps Tainted Medicine

Since you're medical records have been outsourced or your pharmacists records vanished?
You may recall the sad story of Brandon Marshall, which I wrote about last September: The 43-year-old quality assurance engineer, who had a history of mental illness, was fatally shot in December 2013 by a sheriff’s deputy outside his workplace at Roku,the
set-top device maker.


In the litigation that followed, the chronology did not look good for Santa Clara County. Marshall, who had furiously ingested pills that morning and was described as acting “manic,” was negotiating with a paramedic to get help when deputies arrived at
the Saratoga site.



The deputies say he swung a key fob, or “kubaton,” at them before Deputy Aldo Groba fired a shot at the engineer’s stomach. His family’s attorneys contend that the deputies had no reason to confront Marshall, who posed no significant threat: He was simply
waving his keys in his agitation.
Among the heartbreaking details was that Marshall’s father, Steven Marshall, was on the telephone with the paramedic when he heard his son cry out from the shot. Brandon Marshall died several hours later at Valley Medical Center despite desperate attempts
to save him.
Now, from filings by the family’s attorney, James McManis, several more details have emerged about the case. And little of it strengthens the county’s position. Here are a few key points:
A) None of the four deputies who responded to the scene had CIT (crisis intervention training), which teaches authorities how to deal with the mentally ill. Like many departments, the sheriff’s office offers such training but does not make it mandatory.
B) Brandon Marshall showed signs of delusion that morning. He insisted that unknown gunmen were training guns on him from above. He referred repeatedly to the Secret Service and told bystanders that he needed help.
C) When the first deputy on the scene, Kristen Anderson, approached Marshall, he became more agitated. His family’s attorneys say he was fidgeting with his keys, which were attached to a thin, rounded aluminum rod. When Anderson asked if it was a weapon,
Marshall said it was and put it away at her request.
D) Groba initially had been standing some distance away when Anderson — according to the family’s filing — looked over at him. Groba then approached with a gun drawn, prompting Marshall to back up and say, “No, no, no” or “whoa, whoa, whoa,” witnesses
said. As Marshall swung his key chain at deputies, Groba fired a single shot.
E) After he fell from the gunshot, the deputies put the injured Marshall’s hands behind him and knelt on his back, causing more pain to the engineer. The deputies refused a request from the paramedic to treat Marshall until they had restrained him.
It’s important to understand that the bulk of this, although based on police reports and interviews, represents one side of the case. The county says it does not expect to file its detailed response until August. County Counsel Orry Korb told me by email
that the county does not comment on pending litigation.
But it is clear that the defense wants to portray the key fob as a weapon. “It is undisputed that Marshall attacked Groba” with a kubaton, said one filing by the county. “Groba fired a single shot from his service weapon in response to the attack.”
Just exactly how Brandon held that key fob — and how it was shaped — are crucial elements in this case. So, too, is the testimony of the paramedic who was negotiating with Marshall’s father to get the troubled engineer a ride to the hospital.
“This guy had a key chain,” said family attorney McManis. “They’re trying to turn it into a weapon. But the fact of the matter is that the only thing he did was hold on to the business end of the fob and wave his keys around. And they gun him down. To
me, it’s appalling.”
Contact Scott Herhold at 408-275-0917 or sherhold@mercurynews.com.

Twitter.com/scottherhold .






The Actors, Victims and Agencies

Understanding the moving parts, every incident filled with moving parts that often do not match.

The Weapon

Possessed by: The Victim
Kubotan (sometimes erroneously spelled as kubaton or kobutan) is a genericized trademark for a self-defense keychain weapon developed by Sōke Takayuki Kubota in the late 1960s. It is typically no more than 5.5 inches (14 centimetres) long and about half
an inch (1.25 centimetres) in diameter, slightly thicker or the same size as a marker pen.

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