A memorial for Lolomanaia Soakai who died on International Boulevard. June 26, 2022
SAN JOSE, Calif. - Are two Oakland police officers who conducted an unauthorized "ghost chase" of a 19-year-old suspect leaving a sideshow liable for the death of an innocent bystander?
That is the question that was argued in front of the U.S. District Ninth Circuit Court of Appeals in San Jose, and was posted online last week
The three justices – Susan P. Graber, Michelle T. Friedland and Patrick J. Bumatay – are now tasked with rendering an opinion, which could come over the next several months.
The stakes are high.
If the court decides that Oakland police officers Walid Abdelaziz and Jimmy Marin-Coronel are responsible for the June 26, 2022, death of Lolomania "Lolo" Soakai of Hayward, who was killed in a freak accident while getting food at a taco truck with his family, then the wrongful death civil case against the city of Oakland and the two officers can go forward.
If the justices decide the officers are not responsible, and therefore have "qualified immunity," then the case will be dismissed.
The 45-minute court hearing held on Nov. 20 essentially boils down to this: Did the officers' conduct "shock the conscience" when they purposely tried to harm a suspect that resulted in the death of an innocent bystander? And does harming or killing a bystander fall within the definition of "shocking the conscience?"
This legal term refers to situations that seem so grossly unfair, that a court must intervene and find a remedy.
David Newdorf, who is representing Abdelaziz, argued that one could argue the officers' "shocked the conscience" of the 19-year-old suspect they were chasing because the officers didn't stop to help when the teen crashed his car and body camera video, which has not yet been made public, shows one of the officers saying, "I hope he dies."
But Newdorf vehemently disputed that the officers were trying to harm Soakai -- the innocent bystander – and therefore, this rule of "shocking the conscience" does not apply to the officers – the law is only applicable, he said, as it applies to intending to harm a suspect.
Civil rights attorney Patrick Buelna, who is representing Soakai's family, disagreed.
Buelna argued in court that the officers' actions were "diabolical" towards both the suspect and Soakai.
And in a separate interview on Friday, Buelna said that the officers are "classically, trying to escape responsibility on a legal technicality."
This case has dragged on in the courts since shortly after Soakai was killed 2 ½ years ago.
In 2022, KTVU first reported that Abelaziz and Marin-Coronel, both rookies, were chasing Arnold Azael Linaldi of Oakland, 19, in a Nissan 350Z, who police said was part of a sideshow event.
They were chasing Lindaldi without their lights and sirens at 2 a.m. on 54th Avenue and International Boulevard, a violation of OPD policy, in what is called a "ghost chase."
Linaldi ended up crashing his car into a row of parked cars and motorcycles. That chain reaction ended up killing Soakai, who was getting some food after attending a family graduation. His mother broke her back. Two cousins went to the hospital.
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Tight-knit Tongan family has not yet buried young man killed in Oakland chase
A tight-knit circle of Tongan friends and family have not yet buried a 28-year-old man killed during an Oakland chase, but they did celebrate the life of Lolomanaia "Lolo" Soakai over the July 4 weekend.
Sources told KTVU, which was later confirmed by body camera video and cited in court, that the officers saw the crumpled Nissan in the middle of the street and never got on the radio to ask for medical care. It's unclear if they saw that the crash had also killed Soakai and injured others on the sidewalk.
One of the officers is heard saying that he hoped Linadi died, and both officers left the scene, according to court filings.
The officers eventually ended up returning to the scene, showing up to help as if they had no knowledge about what caused the chain of deadly events, the civil suit alleges.
In September 2023, sources told KTVU that the police department moved to fire Abdelaziz and Jimmy Marin-Coronel.
But it's unclear if their termination has actually taken place.
Officers are allowed to contest any disciplinary actions through what are called Skelly hearings, and it's unclear where they are in that process.
A message to OPD on Friday regarding their employment wasn't immediately returned.
Linaldi was charged with vehicular manslaughter.
Lisa Fernandez is a reporter for KTVU. Email Lisa at lisa.fernandez@fox.com or call her at 510-874-0139. Or follow her on Twitter @ljfernandez