New theory in Sepulveda shooting
Mark Fenster
April 21, 2002 Posted: 06:30:08 AM PDT
By MICHAEL G. MOONEY
BEE STAFF WRITER
For more than 18 months, investigators pointed to the handle of a
Modesto SWAT officer's knife as the likely cause of the shotgun blast
that killed 11-year-old Alberto Sepulveda.
Now, the city's expert is discounting that theory.
Paul M. Dougherty, president of DWM Laboratory Inc., believes it's
more likely the knob on officer David Hawn's radio control box caught
the trigger of his 12-gauge shotgun. Dougherty was hired by the
attorney who represents Modesto in the Sepulveda family's
wrongful-death lawsuit against the city.
Both the knife and the radio were hooked to the front of Hawn's vest
when he and other members of the Police Department's SWAT team entered
the Sepulvedas' McAdoo Avenue home during the early morning hours of
Sept. 13, 2000.
Attorney Arturo Gonzalez, who represents the Sepulveda family, finds
both explanations implausible.
"Have you ever seen one of those radios?," Gonzalez said. "I think
(Dougherty's theory) is even more unlikely than the knife-handle
(theory), but the man had to say something.
"It's a stretch. It's just not reasonable."
Dougherty did not return telephone calls from The Bee. His brief
summary report does not explain why he believes the radio knob was
more likely than the knife to have caused the shotgun to discharge.
In the weeks following the shooting, investigators focused on three
possible causes: the protruding knife handle, a malfunctioning firing
mechanism and the possibility that Hawn unintentionally or
unconsciously pulled the trigger.
Investigators eventually determined that there was no malfunction of
the shotgun. Nor did they believe that Hawn had pulled the trigger.
That left the knife-handle theory.
The SWAT team went to the Sepulveda home to assist federal drug agents
in the arrest of the dead boy's father, Moises Sepulveda Sr., and a
search of the home.
Sepulveda was charged with conspiracy to manufacture and distribute
methamphetamine.During the raid, search and arrest warrants were
served at homes throughout Stanislaus County.
At the house on McAdoo, Alberto Sepulveda was ordered to lie face-down
on the floor of his bedroom after SWAT officers entered the family's
home before dawn.
Hawn was standing in the doorway of the unlit bedroom, his shotgun
pointed at Alberto's back, when the gun discharged.
In February 2001, Stanislaus County District Attorney James Brazelton
and California Attorney General Bill Lockyer ruled the shooting an
"excusable homicide."
Parallel investigations conducted by Brazelton and Lockyer concluded
that Hawn did not act negligently or recklessly and cleared the
officer of any criminal wrongdoing.
"There's a very high probability," Brazelton said at the time, "that a
protruding knife handle put pressure on the trigger, causing it to
fire. The occurrence came as a total surprise to Hawn and members of
his team."
On Friday, a spokesman for Brazelton said the district attorney would
not comment further because of the pending civil and criminal cases.
Modesto Police Chief Roy Wasden said Friday that the exact cause of
the shotgun discharge might never be known.
Wasden said SWAT officers no longer hang knives, radios or anything
else that might conflict with the firing of a gun from their vests.
Dougherty's opinion could come into play at the federal wrongful-death
trial, scheduled to begin July 16 in Fresno.
City officials have been trying to reach a settlement that would avoid
a trial. The sides, however, appear to be far apart.
Gonzalez said the offer made by the city would have to be doubled. He
and city officials decline to say just how much money is on the table.
"We're still talking," said City Attorney Michael Milich. "We're
trying to arrange another (settlement conference) date when we all can
meet."
The Sepulveda family already has accepted a $450,000 settlement from
the federal government.
Attorney Gregory Fox, who represents the city in the Sepulveda
lawsuit, did not return telephone calls from The Bee.
In the aftermath of the shooting, Lockyer launched a statewide review
of SWAT tactics and procedures. A blue-ribbon commission conducted
hearings and gathered information. A draft version of the panel's
findings was completed last week and now is undergoing review.
It was not clear Friday when the public will get its first look at the
report.
Bee staff writer Michael G. Mooney can be reached at 578-2384 or
mmo...@modbee.com.