San Bernardino County, CA: Family sues for $1.5M in fatal shooting
Wasserman, Daniel
http://www.dailybulletin.com/Stories/0,1413,203%257E21481%257E1665450,00.html
Family sues for $1.5M in fatal shooting
Teen auto theft suspect was killed by two deputies in Chino Hills
By ROD LEVEQUE, STAFF WRITER
Relatives of a teenage auto theft suspect who was shot and killed by
deputies in Chino Hills have filed a federal lawsuit against the San
Bernardino County Sheriff's Department.
The father of 17-year-old Christian Avila claims the two deputies who
fired on the teen Nov. 29, 2002, failed to follow proper procedures,
and that the department did not adequately investigate the shooting
afterward.
"The officers involved gave conflicting statements," Avila family
attorney James Reiss said. "They're going to have to reconcile why
they used deadly force."
The family claims negligence and Civil Rights violations and seeks
$1.5 million in damages.
Both deputies involved in the shooting - Sgt. Robert Guillen and
Deputy Tommy Alcaraz - were cleared of wrongdoing by their own
department as well as the San Bernardino County District Attorney's
Office.
Sheriff spokesman Chip Patterson's only comment on the lawsuit Monday
was to reiterate that the department investigated the shooting and
determined it was justified.
Sheriff officials said the deputies tried to arrest Avila and two
other boys after spotting them leaving a house in the 13400 block of
Treasure Way and getting into a stolen GMC Yukon.
Two of the boys surrendered. Deputies say Avila, however, got behind
the wheel, rammed their patrol car and then accelerated toward them
before they decided to shoot.
They reported they had already smashed out a window, pepper sprayed
Avila and tried to yank him from the vehicle.
Reiss said Monday that he doubts the deputies' version of the story.
He said Avila's family has hired its own accident reconstruction
expert, a use-of-force expert, a medical examiner and a toxicologist
who found flaws in the statements given by the deputies.
The attorney said he can prove, for example, that the officers were
not in the path of the car when Avila accelerated, and therefore were
not in immediate danger when they fired their guns.
He said he believes the lawmen were also not following their own
procedures in securing the stolen vehicle before Avila got into it.
Rod Leveque can be reached by e-mail atr_l...@dailybulletin.com or
by phone at (909) 483-9325.