Parents of man killed by Newport police allege ‘excessive, brutal’ force

Newport Beach police used “excessive, unwarranted and brutal” force when they shot a 22-year-old to death this spring, according to two legal claims filed last month by the man’s parents.

Richard Vos and Jenelle Bernacchi each sought $25 million from the city of Newport Beach, alleging that its officers should not have killed their son Gerrit Vos during a standoff May 29.

Both claims were submitted Nov. 17 and were denied by the Newport Beach City Council the next day. A lawsuit could be the next step, though attorneys from Lancaster law firm R. Rex Parris, which was listed on both complaints, did not respond to requests for comment.

Police said they shot Gerrit Vos, a hairdresser from San Clemente, when he charged at officers while carrying a sharp object that witnesses later identified as a pair of scissors. Before that, police said, officers tried to intervene in a scuffle between Vos and a clerk at a 7-Eleven.

Bystanders interviewed by the Daily Pilot said the situation lasted at least 20 minutes, with Vos holed up in the convenience store near the intersection of Superior and Placentia avenues.

“The force used by the Newport Beach Police Department officers was unwarranted and unjustified,” the parents’ claims contended. “The Newport Beach Police Department had ample opportunity to detain Gerrit Vos without the use of deadly force, but chose to use deadly force when the circumstances did not warrant the deadly force.”

Police previously said they tried to use less-lethal means to subdue Vos, but officials would not detail what steps officers took.

Two witnesses told the Pilot that they did not see or hear any non-lethal weapons before the barrage of gunfire.

Richard Vos and Bernacchi did not respond to voicemails seeking comment Friday.

In 2012, Gerrit Vos was charged with felony heroin possession and misdemeanor possession of drug paraphernalia and metal knuckles, but prosecutors dropped most of the charges when he pleaded guilty to a weapons misdemeanor.

Friends of Gerrit Vos said he had past issues with drugs but looked happy and healthy in the days before the shooting.

Vos didn’t have a mean bone in his body, said Christian Kekel, who attended beauty school with him in Lake Forest.

“He was the greatest guy ever, an absolute angel,” Kekel said.

Kekel said he was shocked when he heard police had killed his friend. “I could never imagine him being in a situation where he was being aggressive enough to be shot to death,” he said.

As is standard in officer-involved shootings, the Orange County district attorney’s office is investigating to determine whether the killing was legally justified.

The district attorney’s office could not provide a timeframe Friday for when the investigation would be complete.

The Newport Beach Police Department conducted its own investigation, but officials declined to provide specifics Friday.

Police spokeswoman Jennifer Manzella said internal reviews include consideration of whether to pull involved officers off the street, but she could not say whether any officer’s duty was modified because of the May shooting.

Police declined to detail how many officers fired and how many times.

Witnesses said they heard about five shots that ended with Vos on the ground, bleeding from his head.

He died from his wounds at a hospital less than two hours later, according to the Orange County coroner’s office.