The City Attorney's Office filed court papers Friday in Los Angeles Superior Court with the new judge in the case, Alison M. Mackenzie, arguing that Gene Atkins likely will repeat his decision during a March 2022 deposition to answer only questions during trial from attorneys for relatives of the late Melyda "Mely" Corado, then assert his Fifth Amendment rights when the city poses questions to him.
Even if the court were to consider allowing Atkins to testify at trial, the city has already been prejudiced by his unwillingness to answer questions on cross-examination in his deposition, according to the court papers of the lawyers for the City Attorney's Office. In July 2022, Judge Malcolm Mackey, who until recently presided over the case, denied a motion by the City Attorney's Office and Officers Sinlen Tse and Sarah Winans to dismiss the lawsuit. The 27-year-old Corado was fatally struck by a bullet from Tse's gun on July 21, 2018.
Former Irvine Deputy Police Chief Jeffrey J. Noble, a use-of-force expert, gave a sworn declaration regarding the actions of Tse and Winans in their vehicle pursuit of suspect Atkins that subsequently led to the mistaken shooting of Corado at the Hyperion Avenue store.