A San Diego federal judge this week approved a $77,500 settlement to end a lawsuit filed against the Sheriff’s Department in the fatal shooting of an unarmed Vista man.

After attorney fees and costs associated with the case are taken care of, that leaves $41,125 for the 9-year-old son of Michael Napier, according to the judge’s order filed Tuesday.

The funds will be held in a trust account until he turns 18.

Napier, 33, was shot Jan. 31, 2014, as sheriff’s deputies tried to arrest him in the garage of his parents’ apartment.


He was a gang member and wanted on a felony drug-related warrant, and was also a suspect in some recent burglaries, authorities said.

Social media indicated he was preparing to leave town, so the deputies tracked him down.

Deputies said they found him in the garage working on a bicycle. When the deputies approached and told him to put his hands up, they said he reached into his waistband, prompting them to fire.

The family’s lawyer argues Napier had surrendered before the deputies opened fire.


Napier was not armed. Deputies said a folding knife and ice pick were found on the garage wall near him. He had methamphetamine and amphetamine in his system at the time of death, according to toxicology tests.

The District Attorney’s Office found the shooting to be justified.

Napier’s family sued, and the case was headed for trial in October when the settlement was reached.

About $19,000 in fees will go to the family’s lawyer, Estevan Lucero, and $17,000 to the lawyer for costs related to the case, such as court reporting and experts.


The settlement had to be approved by a judge because a minor is involved.


kristina.davis@sduniontribune.com

Twitter: @kristinadavis