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Harbor Police Officers Cleared as Port Settles Lawsuit in Man's Death

Wednesday, 27 October 2010
Contact: Ronald W. Powell (619) 400-4789, (619) 665-2815

The Port of San Diego settled a wrongful death lawsuit for $2.5 million Tuesday, Oct. 26, with the family of a man who was fatally shot by Harbor Police two years ago.

The man, Steven Paul Hirschfield, 37, jumped into San Diego Bay from a chartered cruise boat at 11 p.m. for reasons that remain unexplained. Hirschfield struggled with the Harbor Police officers as they tried to rescue him.

Once they pulled him onto the rescue boat, Hirschfield fought with officers, police said. One of the officers told investigators from the San Diego County District Attorney's Office that Hirschfield was reaching for his weapon, leaving a second officer no choice but to use lethal force.

The District Attorney's Office investigated the incident and exonerated the two members of the Harbor Police -- Officers Clyde Williams and Wayne Schmidt. They were dropped from the lawsuit by the family.

"Our officers were engaged in a life and death struggle with a strong and determined attacker," said Harbor Police Chief John Bolduc. "We were forced to respond with deadly force."

Bolduc said the officers responded to a call for help, and were simply trying to save a man's life.

"We regret the loss of any life during a use of force encounter," Bolduc said. "This was a life-changing event for the decedent's family, our officers, and our entire department. Our officers would not have chosen this outcome; they were forced into it."

A Port insurer is covering the $2.5 million settlement, which was agreed upon in federal court. The money will not come from the Port's general fund, or affect its budget.

The family originally sued the Port for $20 million, claiming the officers used excessive force and violated Hirschfield's civil rights.

Hirschfield was a hired dancer on the cruise boat on the night of the incident. According to a letter released by the District Attorney's Office, toxicology tests showed that he had several drugs in his system, including amphetamines, when the incident occurred.