The mother of a son fatally hit by a train in the San Timoteo Canyon appealed the dismissal of her case Dec. 23. She sued the San Bernardino sheriff’s deputy who picked him up from the hospital and left him by the train tracks.
The Nov. 25 dismissal followed a hung jury trial.
Deputy Breana Fite responded at Loma Linda University Center after staff requested the deputies remove Bret Breunig
Fite found Breunig in a hospital gown and shoeless under a tree, according to opening argument made by Fite’s attorney, Shannon Gustafson. Fite asked if Breunig still needed medical care. Breunig said he needed only a ride, and that he was hearing voices, Gustafson said.
Breunig said he lived near Taylor’s Bar and Grill, three miles east of the hospital. After nearing the bar, he gave turn-by-turn directions to a house on Cardinal Court, one-and-a-half miles south of the bar and across the train tracks. Breunig said the house was his friend’s, but that he was staying there.
Breunig did not have a physical key to the house, and told Fite not to knock on the door to confirm he was staying there. Fite said she was worried both that Breunig was not staying there, and that he was considering robbing the house, Gustafson said. She knew that Breunig had a history of theft—in 2016, he had pleaded guilty to grand theft.
She decided to take Breunig to Redlands Community Hospital, two miles east of Cardinal Court. He said he did not want to go. “‘I don’t want to go back to the hospital. If you take me back to the hospital, I’m going to refuse,’” Gustafson quoted Breunig. He threatened to defecate in the car if she did not let him out.
“‘You can refuse treatment when you get there. That’s your right, that’s your choice, but I’m going to take you to the hospital,’” Gustafson quoted Fite.
Breunig said he was withdrawing from drugs, Gustafson said.
“‘Well, if that is the case, I’m going to take you to the hospital,” Gustafson quoted Fite.
While talking, Fite missed the sharp left turn from San Timoteo Canyon Road to Fern Avenue, which climbs out of the canyon and goes directly to Redlands Community Hospital. She continued through the canyon to the left turn onto Alessandro Road, which passes over the train tracks. A train had stopped traffic.
As she turned, Breunig motioned he was pulling down his pants, and told Fite he was going to defecate, Gustafson said.
Fite pulled over, and let Breunig out to defecate outside. He walked across the street and away from her.
Fite had no grounds to arrest him or have him committed, Gustafson said.
“He had a choice to walk away from her, and she honored that choice. She could not — she had no authority to go after him. So she got in her car, she made a U-turn, and she drove back to the city of Loma Linda,” Gustafson said.
Fite was not familiar with the area, and believed she had dropped Breunig off close to Redlands Community Hospital, Gustafson said. She reported dropping him off at the hospital, which was now three miles away from the drop-off point.
Breunig attempted to jump onto the train, failed, attempted again, slipped and died.
Witnesses who saw him die could immediately tell he needed attention, Ashley Conlogue, attorney for the mother Deborah Moller, said.
Drug tests done after his death showed he had 8.6 nanograms of fentanyl per milliliter in his system, according to jury instructions.
“Those same witnesses are going to tell you that they could tell almost instantly that Mr. Breunig was not well, that he was walking with a heavy limp, that his ankle was obviously swollen. They are going to tell you that even though they never had the opportunity to get as close to Mr. Breunig as Deputy Fite got, that they could tell right away that he was not in his right mind,” Conlogue said.
“Deputy Fite left a man without any shoes, any money, and a broken ankle, who was withdrawing from drugs, out in the middle of an orange grove without any means of obtaining help,” Conlogue said.
California Central District Judge Dale Fischer dismissed the case on Nov. 24.
Case No. 5:22-cv-01306
Read our previous coverage:
Officers, LLUMC sued for patient’s death by train
San Timoteo Canyon death by train: Mother amends suit against law enforcement, hospital
Redlands canyon death by train case starts trial
Redlands train-fatality case deadlocks
Read the complaint here.
Read opening arguments here.
