A Federal jury delivered their verdict on March 14 in the Sammy Galvan wrongful death lawsuit. The jurors unanimously agreed to dismiss the lawsuit, agreeing with the defense that the officers who shot and killed Sammy Galvan, were justified and did so because they believed their lives were in danger. The assault and battery charges against the Modesto Police Department, for their treatment of Sammy's father, were also dismissed.

In his final arguments, Modesto Deputy City Attorney James Wilson told the jury his version of what happened at the Galvan home on August 22, 2004. Wilson said that police work "routinely involves stupefying hours of boredom punctuated by moments of sheer terror." He used that framework to set the scene of a domestic disturbance call gone horribly wrong. Wilson said that when the police were called by Susan Galvan, Sammy's mother, officers Lyndon Yates and Mirl Morse were dispatched to the scene.

According to Wilson, when officers Yates and Morse arrived at the backyard cottage that Sammy lived in, they shined their flashlights through the open front door. They saw Sammy laying on his bed (it was 1 AM in the morning) and when the lights hit him he stood up. The officers said he had a knife in each hand and began to move towards them in an aggressive manner. Wilson said Sammy was told to "drop the knife" and seconds later officers Yates and Morse fired eight rounds. Four out of eight 45 caliber hollow point bullets hit and killed Sammy Galvan.

Attorneys for the Galvan family argued that things did not happen as the defense claimed. Walter Riley, in his closing statement, said the shooting was "not a lawful use of force." Riley argued that Sammy Galvan did not present an immediate threat to the officers and they should have used less than lethal force to deal with the situation.

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