Kurt Reinhold's Family Files Wrongful Death Claim Against OCSD

SAN CLEMENTE, CA —The family of Kurt Reinhold has filed a wrongful death claim against the Orange County Sheriff's Department in San Clemente, attorneys say.

Reinhold—42, and experiencing homelessness in south Orange County—was approached by two deputies in the Homeless Outreach Team on Sept. 23. That meeting ended with a scuffle, followed by a fatal shooting on the sidewalk outside Hotel Miramar.

The initial confrontation circumstances are not known and remain under investigation by the Orange County District Attorney's Office as of this report.

According to the family's attorneys, Reinhold was unarmed during the exchange and posed no imminent threat of death of serious bodily injury to either deputy.

According to the sheriff's department, during the scuffle, an officer claimed Reinhold took his gun. Moments later, gunshots rang out. Reinhold was dead, and the two officers performed CPR awaiting emergency vehicles.

What drew the officers and Reinhold together, sparking the fatal exchange, has not yet been made known.

On Tuesday, attorneys for Reinhold's family painted a picture of his life beyond homelessness.

"Mr. Reinhold, married and a father of two children, suffered from a mental illness that led to his homelessness," said attorney John Taylor. "The Orange County Sheriff's deputies, who were part of a specialized unit that handles homeless issues, were supposed to be trained in de-escalation, but clearly were not, and their actions resulted in the untimely death of Mr. Reinhold. The entire situation should have never happened."

The Orange County Sheriff, Don Barnes, responded to the claim, sharing his condolences for the Reinhold family's loss.

"Every time law enforcement contact escalates to the use of deadly force, it is tragic for the family, the deputies and the community," Barnes wrote in a statement released to Patch. "It is vitally important that we reserve judgment until a full and complete investigation has been completed by the Orange County District Attorney's Office."

According to Barnes, the reason for the deputies confronting Reinhold is part of the ongoing investigation with the Orange County District Attorney's Office.

"During the physical altercation, Mr. Reinhold grabbed one of the deputy's guns," Barnes says. "This information is shared as a factual circumstance of the encounter between the deputies and Mr. Reinhold, and not to excuse or assign blame to either party."

"This reaching for the gun is a false narrative," Gehlawat responded. "If you watch the video closely, Mr. Reinhold is in a choke hold by the deputy. He's flailing his arms, which happen to incidentally touch the holster area. There's no physical way possible he could unholster the gun."

Reinhold was diagnosed with schizoaffective disorder and struggled with the mental illness for several years, Gehlawat said.

"He was put on medication for it and at times he intermittently took the medication, so there were good days and bad days toward the end," Gehlawat said. "In the last year or so it became more prominent and pronounced and he struggled with it more."

Reinhold's family was "supportive," but he would travel around, including the San Francisco Bay area and then to San Clemente, Gehlawat said. It's unclear why Reinhold ended up in San Clemente.

The county has 45 days to either accept or reject the claim, which does not specify an award.

The investigation is ongoing, according to the Orange County District Attorney's Office. Meanwhile, frustrations and questions remain for those who loved Reinhold.

"There was absolutely no reason for the officers to put their hands on Mr. Reinhold, let alone tackle him to the ground; he was unarmed and posed no threat to anyone," said attorney Neil Gehlawat. "We are tired of seeing the killing of unarmed black men in this country by officers and deputies who fail to follow their training. They must be held accountable for killing Mr. Reinhold."

According to DA Todd Spitzer's office, the District Attorney's investigation will determine whether any "criminal culpability on the part of the law enforcement officers involved" took place.

"These investigations can be very complex and can take several months for toxicology and other necessary tests to be completed and reviewed," Spitzer's office said. His office has said they will speak with the family after the investigations are completed.

The legal conclusions and any associated video will be posted on the Orange County District Attorney's website at www.orangecountyda.org

Read also:

San Clemente Shooting Leaves 1 Dead, Homeless Outreach Involved