Yakima settling third lawsuit from 2006 police pursuit

A man seriously injured in a deadly police pursuit in 2006 is expected to receive $350,000 to settle the last of three related lawsuits.

The Yakima City Council is scheduled to vote Tuesday on approving the settlement, which is split between the city's insurance provider and the state Department of Corrections.

Juan Hernandez Ortega was the only one of three occupants to survive from the car that was struck by the fleeing suspect's stolen vehicle. The October 2006 crash at 48th Avenue and Nob Hill Boulevard killed Guillermo "Bobby" Aguilar and Edgar Trevino-Mendoza, both 19. Aguilar was Hernandez's cousin and close friend.

The crash led the Legislature to enact stiffer penalties for drivers who flee police.

Lawsuits filed by the survivors of the other two victims were settled earlier by the city and the state. The city paid $100,000 in legal costs related to all three matters, meaning that any further costs or payments would come from the insurance company as long as the city accepts the settlement decision.

The last case had lingered while attorneys waited for suspect Blake Young's legal appeals to be resolved and then argued the case in court.

A mediation hearing led to the settlement agreement, which was signed last month.

Chris Childers, the Kennewick attorney who represented Hernandez, said nothing will bring back the dead men or give Hernandez what he lost from his injuries.

"But I believe that we were able to get the case resolved in a way that was fair under the circumstances," Childers said Thursday evening. "It was a tough case, and I think the families and the community are ready to put this case behind them."

Hernandez suffered several broken bones. He has physically recovered, but has some residual effects from a brain injury, Childers said.

He plans to enroll in the heating and air conditioning program at Perry Technical Institute in Yakima.

"He's got a bright future and is very happy to have this over with. Closure and resolution is a very good thing for people," Childers said.

The city, which was seeking to have the case dismissed in court, had argued that Young's actions were not the fault of the police officers. An officer spotted the stolen car and tried to stop it, prompting the driver to flee. Young, who had a prior eluding conviction, was high on meth and on state parole at the time.

The plaintiffs contended that the daytime pursuit was too dangerous and should have been terminated long before the crash because Young was not suspected of a serious crime. They also alleged that Young, who had been released from jail shortly before the crash, should have been behind bars instead.

Young was convicted of two counts of second-degree murder and sentenced to 36 years in prison. His appeal of the sentence was rejected.

The Aguilar family settled for $150,000; the Trevino-Mendoza family settled for $280,000.

The Aguilar settlement included another $50,000 to settle claims against the state Department of Corrections over allegations of inadequate supervision.

The settlements did not include admissions of wrongdoing on the part of the city or the state.

* Information from Yakima Herald-Republic archives is included in this report.