LAGUNA BEACH : City to Pay $450,000 in Settlement of Case

The city will pay $450,000 to settle a case regarding a homeless man who died of injuries after being run over by a police car.

The accident occurred Oct. 17, 1991, when a police car hit Donald McMechan, 57, who was crouched in the middle of Beach Street and Broadway.

Officer Gregory Walloch told investigators he attempted to brake his patrol car to help McMechan but the brakes failed and the car rolled over the man.

However, California Highway Patrol investigators tested the car and found no problem with the brakes.

After interviewing at least five witnesses, investigators said Walloch apparently stepped from the car without setting the brake. When the car began to roll forward, the officer jumped back into the car but was unable to stop it, the report said.

It is a California Vehicle Code section violation to leave a car without setting the brakes and turning off the motor, police officials say. But Laguna Beach Police Chief Neil J. Purcell said that because patrol cars are furnished with radios and other electronic equipment, it is not uncommon for officers to leave the vehicles running when they get out.

After the accident, McMechan, who suffered head injuries, was taken to Mission Hospital Regional Medical Center in Mission Viejo, where he was in a coma for about two weeks before he died.

The claim in the case was filed by medical providers and McMechan’s brother. Most of the money will go toward medical costs. Some money will be used for McMechan’s burial costs.

Considering the “high probability” that Laguna Beach would be found liable for the incident, the city attorney recommended approval of a negotiated $450,000 settlement to reduce additional legal costs to the city, according to a report to the council from City Manager Kenneth C. Frank.

The council voted unanimously Tuesday to settle the claim.

Purcell said Wednesday that he thinks the settlement was fair.

“It was an unintentional and very unfortunate accident,” Purcell said, “but, clearly, it’s our liability.”

The Orange County district attorney’s office investigated the case last year and decided there was insufficient evidence to support criminal charges against Walloch, an nine-year member with the Laguna Beach Police Department.

Deputy Dist. Atty. Wally Wade, who reviewed the case, said at the time: “Under the circumstances of this case, it would be contrary to the interest of justice and public protection to prosecute a police officer who was attempting to help someone.”