An off-duty Orange County sheriff’s detective who pulled his gun on a teenager at a San Clemente skate park is being sued for alleged assault and civil rights violations.
Investigator Mike Thalken, the Sheriff’s Department and the county were named in the suit filed Monday by skateboarder Max Chance III, who at 16 years old was ordered to his knees at gunpoint and told, “I will shoot you in the (expletive) face.” A cellphone video of the encounter between Thalken and now 18-year-old Chance of San Juan Capistrano hit newscasts nationally.
Thalken was placed on paid leave after the Oct. 12, 2019, incident, and has collected more than $70,776 in pay while an internal affairs investigation is pending.
“As a result of this terrifying evening, Chance suffered severe mental anguish, emotional distress, depression, worry, fear and anxiety … and anger,” the lawsuit said.
Carrie Braun, a spokeswoman for the Sheriff’s Department, declined comment because the litigation is pending.
According to the lawsuit, Thalken was at a nearby baseball field and apparently became angered by the loud music from a band playing at the Ralphs Skate Court park. The suit indicated that the Little League players could not concentrate.
Thalken approached the band as well as teenagers listening to the music, apparently to demand the band stop playing. One of the listeners mimicked the way Thalken was walking and was told by Chance to “back up.” Thalken attempted to grab Chance’s wrist, but the youth raised his skateboard in defense. Thalken had not yet identified himself as a police officer, the suit says.
Thalken pulled out his gun and told Chance to get on his knees, while onlookers pleaded with Thalken to stop, the suit said. Thalken then identified himself as an off-duty deputy.
The suit says Thalken later gave deputies his version of events, which did not match witness statements and cellphone videos.
“He reported the kids were the aggressors and Max had swung his skateboard at him,” the suit said. “Both claims were false and refuted by the video evidence.”
Chance is the son of retired Orange County sheriff’s Sgt. Max Chance Jr., who worked with Thalken a decade ago in the jail when he was a rookie.
According to the lawsuit, Thalken later had a conversation with Chance’s father in which he purportedly said, “The kids were douche bags with a mob mentality … they were all crowding around me. I had to pull out my gun.”
The suit seeks unspecified damages.
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