Judge overturns $750k award in Kyle Zoellner civil case

ARCATA, Calif. — On Monday, the judge in the civil case involving Kyle Zoellner and Arcata Police officer Eric Losey overturned a decision made by the jury to tentatively award Zoellner a total of $750,000 from the City of Arcata and Officer Losey.

Court documents filed Monday say Mr. Zoellner has not satisfied the lack of probable cause element for his "malicious prosecution" claim. That claim stems back to the killing of David Josiah Lawson back in 2017.

The court filings based on the evidence stated, "a reasonable officer with Mr. Losey's knowledge would believe there was a fair probability that Mr. Zoellner stabbed Mr. Lawson."

During the civil case, Zoellner claimed that forensic evidence "excluded" him as a suspect, but the judge said that was not the case. Judge Jacqueline Scott Corley also disputed his claim that probable cause was lacking because he did not have a knife. Her court filings state that a reasonable officer in Losey's position would have believed Zoellner could have had a knife.

Charmaine Lawson, the mother of David Josiah Lawson, told North Coast News in a statement in part," Biased and systemic racism played a factor to why my son's murderer is still free to walk the streets of Humboldt County. I urge Maggie Fleming to prosecute Kyle Christopher Zoellner now! This was not a self-defense case..."

With the judge deciding Zoellner did not meet his burden of proof, she decided in Losey's favor meaning Zoellner will not receive the $750,000 previously decided by the jury.

The court is set to hold another case management conference on Nov. 17 to determine the next steps in regard to some of the claims.