Sepulvedas settle federal lawsuit over death
mak
http://www.modbee.com/local/story/1550782p-1627195c.html
01/30/02
By MICHAEL G. MOONEY
BEE STAFF WRITER
The family of an 11-year-old Modesto boy killed during a SWAT raid has
agreed to a $450,000 settlement in a lawsuit against the federal government,
a lawyer for the family confirmed Tuesday.
Lawyers for the Sepulveda family and government reached the agreement after
marathon talks last week. The family's legal action against the city of
Modesto and police officers is still pending.
The Sepulvedas' deal with the U.S. government could make it difficult for
the city to win its own lawsuit against the federal government over the
death of Alberto Sepulveda on Sept. 13, 2000.
Attorney Arturo Gonzalez, who confirmed the settlement, said he expects U.S.
attorneys to file a motion asking the U.S. District Court to recognize the
settlement as reflecting the federal government's liability in the shooting
death.
Should the court uphold such a motion, Gonzalez said, "Modesto's claim is
thrown out."
The city, in its claim against the government, contends that federal drug
agents did not provide accurate intelligence for the Police Department's
Special Weapons and Tactics Team, which carried out the raid on the
Sepulveda home.
SWAT officers were assisting federal agents in a drug sweep, and carried an
arrest warrant for Alberto's father, Moises Sepulveda Sr.
Despite the settlement with the federal government, Gonzalez said the fault
still lies with the city. "We have always felt the Modesto defendants are
primarily responsible for the death of Alberto.
"It was a Modesto (police officer) who shot Alberto," Gonzalez said. "It was
Modesto (officer) who detained his family and transported them to the police
station for questioning when they had done nothing wrong."
Gonzalez said the "family is still suffering immensely as a result of
Alberto's loss."
More negotiations expected
The family already has rejected one settlement offer from the city, and
Gonzalez said he would continue to seek an agreement. City Attorney Michael
Milich said Tuesday night that two sets of negotiations this month between
the family and City Hall were "fruitful and helpful."
"We made progress in the settlement discussions," Milich said, "and consider
them to be ongoing. We intend to go back before the federal magistrate
sometime in the near future to continue, but we don't have a definite date."
Neither side has revealed dollar amounts.
The early-morning raid occurred on McAdoo Way in the Highway Village
neighborhood in northwest Modesto.
SWAT officers made their way into Alberto's bedroom and ordered him to lie
face-down on the floor. Officer David Hawn's shotgun went off and killed the
seventh-grader.
Investigations by state Attorney General Bill Lockyer and Stanislaus County
District Attorney James Brazelton declared the shooting an accident, and
cleared Hawn of negligence and criminal wrongdoing.
"The federal government didn't shoot Alberto," Gonzalez said. "The federal
government didn't detain the family."
In their discussion with police prior to the raid, federal agents said they
did not know if children were in the Sepulveda home, Gonzalez said.
"At that point," Gonzalez said, "Modesto police officers should have gone to
check it out themselves. They didn't."
The Sepulveda family subsequently filed wrongful-death lawsuits against the
city, Hawn, other officers and the federal government.
Assistant U.S. Attorneys Edmund Brennan and Catherine J. Cerna echoed
Gonzalez's statements about the $450,000 settlement.
"We feel it is a fair and appropriate resolution of the case," Cerna said.
Similar case in Dinuba
Gonzalez and lawyer Robert Y. Chan, who filed the lawsuit against Modesto,
are the same legal team that won a $12.5 million jury verdict for a Dinuba
family after 64-year-old Ramon Gallardo Sr. was shot as many as 15 times
during a July 1997 police raid. That case was appealed, and the city of
Dinuba later settled for $6 million.
In that case, Dinuba police were helping Visalia police serve a search
warrant. They were looking for a gun used in an attempted murder in Visalia.
Gonzalez said Visalia filed a motion similar to the one that he expects the
federal government to file in the Sepulveda case. Visalia's motion succeeded
in limiting that city's liability to $150,000.
The Sepulvedas' lawsuit against the city is scheduled to go to trial in
July.
Gonzalez said the family is seeking a summary judgment on one part of the
lawsuit. They will go to federal court Feb. 25 to ask a judge to declare
that Modesto police violated the rights of family members in arresting them
the morning of the shooting.
Drug charges against Sepulveda Sr. remain in place, Gonzalez said, although
the lawyer said he remains hopeful that federal prosecutors will dismiss the
case.
If not, Gonzalez said, jury selection will begin March 12 in federal court
in Fresno.
Even if the charges are not dropped and Sepulveda ultimately is convicted,
Gonzalez said the family would be able to keep the $450,000 settlement.
That is because the money was not derived from any illegal venture, he said,
such as the manufacturing and distribution of drugs.
Bee staff writer Garth Stapley and Fresno Bee staff writer Jerry Bier
contributed to this report.
Patty
Good old Californial law enforcement. All because Gov. Gray Davis
condones bruatlity and the assaulting of innocent and unarmed people
Patty
INTHEDOGHOUSE
>From: "mak" mak...@tir.com
>Date: 2/4/02 3:44 AM Mountain Standard Time
>Message-id: <CCt78.8350$3E5.6...@newsread2.prod.itd.earthlink.net>
Unreal..... Even when you win, you lose.
DJ
