County Awards $7.5 Million to Family of Slain Homeless Man Kurt Reinhold

BY C. JAYDEN SMITH

The family of Kurt Reinhold, the homeless, unarmed Black man whom a deputy shot and killed during an altercation with police in San Clemente in September 2020, feels as if they have achieved justice for their loved one’s death, according to their legal counsel.

Those sentiments were spurred on by the Orange County Board of Supervisors’ 4-0 vote on May 9 that approved a $7.5 million settlement awarded to the Reinhold family. The family filed a wrongful death lawsuit against the Orange County Sheriff’s Department and the two deputies involved in the 2020 incident.

Neil Gehlawat, who represented Reinhold’s family alongside John Taylor of Taylor & Ring, told the San Clemente Times the family was “pleased with the result,” having spoken with them regarding the OC Board of Supervisors’ decision.

“Obviously, no amount of money is ever going to bring Kurt back, but they feel that this settlement is vindication for what happened,” Gehlawat said.

“It represents an amount that clearly demonstrates the county is taking accountability for what happened.”

A spokesperson for OCSD said the department would not comment on the settlement.

On Sept. 23, 2020, deputies Eduardo Duran and Jonathan Israel—members of OCSD’s Homeless Outreach Team—approached Reinhold after they reportedly had witnessed him jaywalk along South El Camino Real, near the rescue classes.

“Make sure that if your kids are in a swimming pool or at the ocean that you know that they’re supervised,” Davies said. “Never swim alone. These are just key things. What’s important is that education saves lives.”

Davies added that it’s important that swim education be equitable and that “everyone has an opportunity to be able to learn how to swim.”

“Swimming really is a life skill that everyone should be taught,” Davies said. “I had the opportunity to be able to learn how to swim as a kid, and it gives you that opportunity … to actually enjoy all the facilities that we have throughout our communities.”

Emphasizing the State of California’s existing outdoor equity grants, Davies noted that “there’s nothing in those grants specifically designed for the purpose of training kids how to swim.”

“We talk about equity; when you look

Hotel Miramar.

The interaction between the deputies and Reinhold escalated into an altercation. The deputies pinned Reinhold to the ground, and Duran fired two shots at Reinhold after Israel claimed Reinhold had reached for and tried to remove the officer’s firearm.

The county Board of Supervisors’ settlement approval comes just over a year after the Orange County District Attorney’s office concluded its investigation and announced it would not charge Duran for his conduct, finding he had acted in a “reasonable and justifiable manner.”

Both officers were also justified in believing they needed to use deadly force to protect themselves, according to the DA’s office, which added that although Reinhold didn’t technically jaywalk, he did commit other violations.

Occurring at a time when nationwide protests were calling on governments to increase their accountability of law at who can and cannot afford swim lessons or don’t have the community pools in their neighborhoods, it’s lower-income communities or immigrant communities,” Davies said. “Frankly, nobody should be left behind.

Davies continued that access to public beaches in California is a right, and “one’s ability to swim should not hamper their abilities to use these facilities.”

The bill passed the Assembly’s Committee on Water, Parks and Wildlife in midApril and has now gone into suspense—a legislative procedure to consider a bill’s fiscal impact—while it awaits discussion from the Committee on Appropriations.

“Right now, it’s in suspense, so we’re really hoping that we’ll know in a couple of weeks if it goes forward,” Davies said. “We sure would like to have any support we can.” enforcement following George Floyd’s death while in police custody, Reinhold’s own death sparked multiple protests locally.

Davies added that those looking to support the bill can contact the governor and encourage the bill to move forward.

Following the DA’s decision, demonstrators in April 2022 marched from the Hotel Miramar—near where Reinhold was killed—to Historic City Hall in Downtown San Clemente.

Gehlawat said all settlement negotiations are confidential. He shared that parties will agree to a settlement with the understanding that going to trial could have its risks, including losing the case or not achieving a desired outcome.

He added that both the county and the Reinholds’ representation found the number of $7.5 million “agreeable.”

“We obviously felt that this was a very righteous case, that the deputies used excessive force, that they had no reason to stop Mr. Reinhold in the first place on that day,” said Gehlawat. “And the county and the deputies obviously had their positions on the case.”