Wife of Paso Robles man fatally shot by deputies files lawsuit

January 26, 2019


The wife of a man shot and killed on Highway 101 by two San Luis Obispo County sheriff deputies in 2017 has filed a federal wrongful death lawsuit against Sheriff Ian Parkinson, his department and the two deputies. [Cal Coast Times]

The suit, filed by attorneys Justin Sterling and Erin Darling, alleges excessive force and gross negligence in the killing of 34-year-old Josh Gallardo. The suit also alleges the sheriff’s department knew or should have known that deputies Jonathan Calvert and Greg Roach “had dangerous propensities for abusing their authority and for mistreating citizens.”

On Jan. 24, 2017, the deputies shot and killed Gallardo after pulling him over because he was wanted for questioning regarding a domestic disturbance.

After getting out of their cruiser, both officers approached Gallardo’s vehicle with their guns drawn. At the driver’s side of the car, Calvert spoke with Gallardo and then holstered his gun, according to the lawsuit.

At the other side of the car, Roach began firing multiple rounds at Gallardo nearly missing Calvert, according to the lawsuit.

“It was at this time, even though Mr. Gallardo posed no threat of harm to Deputy Calvert, Deputy Roach, or any other person, and in the absence of any legal justification for doing so, that Deputy Roach then unlawfully, improperly and maliciously shot Mr. Gallardo, discharging multiple rounds onto Mr. Gallardo,” the lawsuit says.

Calvert then unholstered his gun and also began firing at Gallardo, the suit says.

Following the shooting, Roach and Calvert retreated and called for backup. Multiple units arrived, and deputies determined Josh Gallardo was dead.

“The conduct of deputies Calvert and Roach was willful, wanton, malicious, or done with reckless disregard for the rights and safety of the decedent and therefore warrants the imposition of exemplary and punitive damages,” the lawsuit says.

Both deputies knew Gallardo was a “non-violent individual who was battling depression and suicidal ideation for some time,” according to the suit.

As in other claims against the county sheriff’s department, the lawsuit describes misinformation promoted by Tony Cipolla, the sheriff’s public relations officer.

In a sheriff’s department statement released shortly after the shooting, Gallardo is described as a “violent transient,” even though Gallardo had been gainfully employed for more than a decade.

Gallardo was a lifelong Paso Robles resident who was working at Kellogg’s at the time of his death. Before that, Gallardo had worked for 14 year at Food 4 Less in Paso Robles. He was a manager when he left Food 4 Less and went to Kellogg’s, his wife Francis Gallardo said.

“Those who had a chance to know Josh Gallardo knew him as a loving husband, son, brother, uncle and most important, an amazing father to our two boys,” Francis Gallardo said. “My children and I ache every single day from his passing. We will not stop fighting for him until justice is served.”

Following Gallardo’s death, the San Luis Obispo County District Attorney’s Office reviewed the shooting and determined the deputies acted lawfully.

Both deputies have a history of questionable behavior.

Four years before Calvert fired multiple rounds at Gallardo, he shot an unarmed man in the back.

On March 21, 2013, Calvert spotted Matthew Frushon, a suspect in a robbery, on a street in Long Beach and attempted to detain him. While running from Calvert, Frushon took a cell phone out of his pocket. Thinking Frushon was armed, Calvert shot him in the back and in the elbow, police said.

In late 2013, the Cochran Firm filed a lawsuit against the City of Long Beach and Frushon alleging civil rights violations, battery and negligence. On Oct. 21, 2015, the city and Calvert settled with Frushon.

In late 2016, Calvert resigned from the Long Beach Police Department and a few months later he was hired by the SLO County Sheriff’s Department.

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SLO SHERIFFS OFICE is full of corrupt bullys. they lie cheat and steal from everyone, they cover their crimes up with loads of bs and when they are called on it, they make up some other false charges against you. if you don’t take their “deal” they throw the book at you with false evidence and lies , lies , lies. they laugh and giggle like little kids when they come tear your house apart without a warrant and joke about how they weren’t gonna “let them win” they murdered that man with 35 shots. thirty five. think about does it take 35 shots to kill a man? nope, but these trigger happy assholes just kept shooting until they were out of bullets and then “retreated” back to their vehicle to wait for back-up. after thirty five shots im not thinking there was any reason to retreat, unless they were shooting at superman. nope, they were two cowards who peed their pants and panicked and murdered a man. when is this shit gonna stop in this county with these corrupt assholes? never because the money flows one way, their way.

When I went to work for Dept Of Cooerctions in the early sixties a state Psych told us in your lifetime you will wish you were in her with the guard towers because th Crimials will be ruling the streets. You will have no weapons to defend yourself. Case in point last week a woman in Bakersfield caught two burglars in he garage she shot at them with a registered hand gun. The shooting has been referred to the DA.

Unfortunately, it is impossible to train a better outcome into law enforcement. It is a fools errand to try to root out corruption. Why?

Because the way law enforcement operates today is to:

1. raise revenue

2. prevent crime

3. both 1 and 2 above.

Raising revenue means making a ton of stuff against the law, punishable by fines. I’m not talking about murder and rape….I’m talking about parking, driving, smoking, speaking, digging holes, playing sports, having BBQ’s, bearing arms, starting or ending a business, selling something on the street, hiring someone, firing someone…..pretty much everything we do has a threat of punishment attached to it and police are the business end of that punishment.

What kind of person goes around all day looking for “rule breakers” in order to ticket them? A person who is keen on corruption and power-trips for starters.

Preventing crime means “catching” people before they actually commit a crime, which means making a bunch of stuff illegal and attaching harsh penalties to it, including automatic search warrants and SWAT raids if a person bought too much Pseudofed, etc.

Preventing crime means police enjoy immunity from crimes they commit during the course of catching us committing crimes. IE, it’s a crime to be a pimp, but police act as pimps and prostitutes in sting operations. They can speed, we cannot. They can shoot people who make them nervous, we cannot carry guns, they can wear body armour, we cannot, etc.

Being a cop means being above the law and not subject to the laws you enforce on others.

What kind of person wants to be above the law? Good people? No….power hungry sociopaths are attracted to this sort of thing.

Until the fundamental mission of Police Work is fundamentally changed BACK to investigating crime and apprehending criminals and we stop making fines and “prevention” the focus, the police will just get worse and worse…..which is what we’re seeing and will continue to see.

It’s not the policeman on the street who is reasonsible for the revenue making tactics from government. That rests completely on the backs of your elected officials who make the laws. Next to impossible today for the street policeman to prevent crime while once again your elected officials have chosen to initiate sanctuary cities and release more and more serious criminals back onto your streets who are then protected by the liberals who seem to be circling the wagon. Indeed I agree there needs to be changes but it needs to start at the top and not the bottom.

We could likely supply much better training and vetting of our LEO’s if we simply used the money for that purpose rather than having to pay it out for wrongful deaths. Many of these deaths are highly preventable. Seriously. Protect and serve? I am sure a lot of individuals who find themselves in LE jobs these days come up against situations for which they are neither prepared nor educated for and some few of the

se people are also totally unfit. I would start at the top and reform down. I want to see those who are sincerely attempting to serve The People have the best chance possible for a good, clean career to be proud of.

If SLO county was to round up all the dollars wasted on law suits, payoffs, severances pay, corruption and crooked politics it could buy every homless person in SLO co a nice home. Throw in whats wasted by big politics and running for the king of Ca and you’d pay off the deficit and we haven’t even touched PG&E’ bank roll yet. What have you become Commiefornia?