SAN DIEGO (CNS) - A San Diego jury awarded $8.5 million Friday to the family of a man who was aboard an MTS bus when another passenger placed him in a chokehold for more than eight minutes, causing him to fall unconscious and die.
The lawsuit from the family of 28-year-old Anthony McGaff faulted the San Diego Metropolitan Transit System because it alleged a bus driver refused to pull over while McGaff was being restrained during an altercation on April 30, 2022.
Jurors found MTS 40% at fault for his death, while also assigning 60% fault to three bus passengers, including Edward Hilbert, the passenger who restrained McGaff.
Hilbert was initially arrested on suspicion of murder, but prosecutors charged him with involuntary manslaughter. He ultimately pleaded guilty to the manslaughter count and was sentenced to two years of probation.
Surveillance footage played during the civil trial showed McGaff grab a woman's cellphone and throw it to the ground because she was recording him and other bus passengers. When the woman attempted to pull another phone out of her purse, McGaff grabbed that phone as well.
Hilbert and others then pulled McGaff to the ground. Hilbert can be seen placing McGaff in a chokehold while laying on top of him, while another passenger holds McGaff's legs down. When police were later contacted and responded, McGaff was already unconscious. He was taken to a hospital, where he died.
McGaff's family alleged in its suit that the bus driver should have rendered assistance, intervened or quickly pull over while McGaff was being restrained.
MTS argued in its filings that the altercation occurred while the bus was on a freeway and that the driver followed MTS protocols by proceeding to the first available bus stop before stopping.
MTS attorneys also argued the bus driver was not aware that McGaff was in a chokehold and thus in mortal danger.
MTS issued a statement shortly after Friday's verdict, which read, "MTS respects the jury's decision, and the safety of passengers and employees continues to be our top priority. Our agency remains steadfast in our commitment to providing a safe transit environment for everyone who rides with us. MTS will continue working closely with law enforcement and our security teams, including the recently expanded Bus Enforcement Special Team, to ensure the Trolley and bus network remain safe and welcoming for all riders, and our front line employees."
After the verdict, McGaff's mother, Angela McGaff, told reporters, "This is what I've always wanted. It's justice for my son and he deserved it."
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