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Settlement reached in wrongful death lawsuit

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BAKERSFIELD - A settlement has been reached in the wrongful death lawsuit against two Bakersfield Police officers who shot and killed a 15-year-old boy three years ago.

The family of Traveon Avila will be awarded $75,000, approved by the city council Wednesday night.

"The city attorney was given authorization to settle this matter in an amount not to exceed $75,000," said City Attorney Ginny Gennaro.

On Thursday, attorney Daniel Rodriguez, representing the Avila family, told 17 News he thinks the case would have been more successful going to trial.

Officers Timothy Berchtold and Noah Landers shot and killed Traveon Avila in July 2010 after they say Avila stole a car. Officers say he led them on a pursuit that stopped at a dead end. Police say Avila started backing toward officers as they got out of their police car.

That's when the officers opened fire. The shooting was later ruled justified by the BPD.

Officer Berchtold was also involved in two deadly shootings in May 2010.

The attorney for the officers, Mick Marderosian, calls it an unfortunate event, but says he is glad a settlement has been reached.

"It is an unfortunate event, everybody recognizes that, but these things happen when the officers are attempting to protect the public. That's their job. But, they also have the right to protect themselves and their lives," said Marderosian.

Thursday afternoon, Rodriguez had this statement. It read in part, "I think we would have done better with a jury than this settlement because this case involved an officer who has shot and killed three different civilians in three separate incidents in the span of two months."

Rodriguez said Avila's mother did not want the case to go to trial because it would be too painful for her.

Marderosian says the settlement was reached by an independent mediator.


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