Wrongful death suit filed against Vista, county
By: CRAIG TENBROECK - Staff Writer
Man shot by deputies in Oct. 2006 | ∞
VISTA ---- The family of a parolee who was fatally shot by sheriff's deputies in a Vista mobile-home park in 2006 has filed a federal wrongful death lawsuit against the city and county.
The complaint was filed with the U.S. District Court in October, but it was only recently served on the agencies, officials said Thursday.
The plaintiffs ---- the daughter, father, brother and sisters of David Arnulfo Lopez ---- are seeking unspecified damages.
City Attorney Darold Pieper said the county would defend Vista in the action. David Axtmann, a senior deputy county counsel, declined to comment.
The complaint alleges that sheriff's deputies were negligent and used excessive force on Oct. 21, 2006, when they shot Lopez, 27, multiple times.
"The shooting of an unarmed, cornered man, posing no risk of harm to persons or property is objectively unreasonable," the complaint states.
On the night in question, three deputies were at the Vista Terraces Mobile Home Park because of a report that Lopez was threatening his family with a knife, authorities said after the shooting.
Lopez was shot when he charged the deputies and reached into his waistband, authorities said.
No weapon was found on Lopez's body, but a small knife was found about 20 feet away, authorities said.
The lawsuit alleges that Lopez posed no threat, but when he emerged from a trailer bullets hit him in the "thorax, back, buttocks, shoulder and thigh."
Lopez had been in trouble with the law before, according to court records.
Just weeks before his death, he was released from prison when he had been incarcerated for battery on a police officer and violating his parole.
The San Diego County district attorney's office, which reviews all officer-involved shootings, is still evaluating Lopez's shooting.
For Vista, a city that is 42 percent Latino, the incident was a gritty reminder of the summer of 2005 when three Latino men were fatally shot by sheriff's deputies in separate incidents over five days. The shooting angered many in the Latino community and sparked allegations of racism in the Sheriff's Department.
The district attorney's office later concluded that the 2005 shootings were justified.
The Lopez family's complaint alleges that the city and county "maintained a custom, policy or practice of using excessive force against Hispanic males in an effort to intimidate Hispanic males."
Contact staff writer Craig TenBroeck at (760) 901-4062 or ctenbroeck@nctimes.com.
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bill wrote on Feb 22, 2008 1:26 AM:seems pretty cut and dry to me. A convicted felon, charging at deputies ...? Perhaps the family is taking out their frustrations out on the city of vista ... The deputies just want to go home to their families in once piece. Its easy to play the race card in any situation when a minority gets shot by the police....come on, enough already with the tired race-bating game.
HARRY wrote on Feb 22, 2008 6:56 AM:GIVE ME A BREAK,USE YOUR RACE CARD YOU...
ME wrote on Feb 22, 2008 7:03 AM:This guy sounded like a real gem. He had been in trouble with the law before and was a parolee so he did time. He knew not to reach in his waistband. ... He was not a good boy and broght all this on himself. The cops shot him and now HIS family wants our tax money. .... I hope this family sinks every dime they have into lawyers, and loose the case. Way to go Sheriff's keep up the good work.
Craig wrote on Feb 22, 2008 7:33 AM:And stop waisting taxpayer money on frivolous lawsuits!
Slappy wrote on Feb 22, 2008 7:36 AM:Sad as it seems when you read the article this man was a violent person who was threatining his own family. When he charged the deputies and was reaching into his waistband he left them with no options. this same family would be suing the city if the deputies would have not dealt with him and he killed his family. this is a no win sad situation but I do not see how the city or sherrifs dept could have done anything other than use deadly force.
Not Too Fast wrote on Feb 22, 2008 8:14 AM:I think sometimes a family needs help so they call the sheriff and things go wrong. I feel bad for all parties
? wrote on Feb 22, 2008 8:28 AM:Well I'm glad we have feedback from literate people on this web page. "Bill" and "Me" who can't even spell a couple simple words. Bill writes "once piece" and Me writes "broght all this on himself". Have you ever heard of spell check? Goes to show who the educated people are in this blog. If you don't know the facts, you can speculate all you want.
Jim in Oceanside wrote on Feb 22, 2008 9:05 AM:"Lopez was shot when he charged the deputies and reached into his waistband, authorities said."
This says it all. Officers on a call involving violence, involving a man who had been convicted and sent to prison for battery on a Police Officer. This is a no brainer. A man with a Badge and a Gun yells halt or words to that effect - you run at him while reaching into your waistband? He was at that moment a direct and deadly threat. There was absolutely no choice given the Officers.
So where is my blog? wrote on Feb 22, 2008 9:58 AM:So the complaint alleges that the city and county "maintained a custom, policy
practice of using excessive force against Hispanic males in an effort to intimidate Hispanic males." Now that is an uphill battle particularly when these wrongful deaths suits are filed for deceased people that have had a custom, policy and practice of extensive criminal recorded activity and incarceration, plus were shot committing some sort of crime. I suggest that the ACLU and the lawyers who file these cases become familiar with the appellate and Supreme Court decisions on these sorts of suits. By the way NCT what is the update on the other wrongful death suits that have been filed against the city of Vista and County for similar wrongful deaths?
Concerned wrote on Feb 22, 2008 10:26 AM:I'm with "so where is my blog". As comedian Chris Rock once said "Rule #1, obey the law".
paul wrote on Feb 22, 2008 10:33 AM:I hope after the Sheriffs Dept. wins this case they turn around and sue these people for having to defend themselves against this idiotic lawsuit.
Greg in Oceanside wrote on Feb 22, 2008 10:56 AM:Like others have stated, Lopez was not a model citizen and was a threat to not only the officers, but ironically to his own family. He gave the officers no choice but to apply deadly force upon his person. And, now the family brings a lawsuit against the SD Sheriffs? What's wrong with this picture? This thoroughly sickens me how his family is now causing our criminal justice system to dedicate more resources in responding to this lawsuit. Lopez's family should be forced to pay all the legal costs should this lawsuit go in the favor of the Sheriffs. I'm just wondering when Bill Flores and El Grupo are going to rear their ugly head and join in this debate. I'm just glad we have Sheriff's on duty willing to use deadly force on the bad men who are committing crimes and posing a threat in our communities. As we can clearly see the Sheriffs Dept has the support of the law-abiding citizens who appreciate their service.
Good one....... wrote on Feb 22, 2008 12:30 PM:and reached into his waistband, “authorities said”. Oldest trick in the book! They could of disable Lopez and not shoot him to death. What a Bunch of bull is what I say! More Power to the family,
JUSTICE DELAYED... wrote on Feb 22, 2008 1:17 PM:justice delayed is justice denied. The heavy-handed sheriff's office will have t answer for its crimes FINALLY in the multi-million dollar lawsuit. I hope the plaintiffs win BIG which brings about a cavalcade of other similar suits. Under aoth the officers won't be able to hide behiond their flimsy wall of silence. I hope they nail those violent sob's to the wall.
John wrote on Feb 22, 2008 2:36 PM:"Lopez was shot when he charged the deputies and reached into his waistband, authorities said." My guess is that had Lopez been a white guy acting the same, the result would be the same -- and rightfully so. "Good One" has been watching too many TV shows. When you have a violent person charging toward you and you only have seconds to react, you aim for the largest target you can find and you keep shooting until he/she/it stops.
To all the cops out there -- be safe and careful. The community really does care about you.
Stephen wrote on Feb 22, 2008 3:54 PM:The deputy did his job. Now we don't have to worry about this guy victimizing anybody else. Sheriffs Deputies rule!!!!
REAL wrote on Feb 22, 2008 3:58 PM:ALL YOU PEOPLE WRITING ALL THIS NONE SENSE SHOULDNT BE WRITING ANYTHING AT ALL BECAUSE YOU WERENT THERE AND YOU DONT KNOW WHAT REALLY HAPPENED. AND BEFORE YOU GIVE YOUR OPINION THINK ABOUT FROM BOTH SIDES.
get real wrote on Feb 22, 2008 4:48 PM:excuse me REAL...why do police yell out "FREEZE- HANDS UP" ? So you STAY STILL... people who run/charge/do anything OTHER than what the police say are bringing force UPON THEMSELVES, including being shot. You don't have to have been there to understand this...
Oceansider wrote on Feb 22, 2008 6:05 PM:"...a gritty reminder?" I thought this was supposed to be a news article, but it turned out to be an editorial.
Bob wrote on Feb 22, 2008 7:42 PM:If this guy was so unthreatening and posing no risk of harm to persons or property then why were the sheriffs called to begin with, obviously the family felt threatened and when the sheriffs arrived they also felt threatened and did what they needed to do. The family is just trying to justify their own guilt with this lawsuit.
lopez wrote on Feb 22, 2008 7:45 PM:wether he charged the police or if he didnt put his arms up when the yelled "freeze" What is the difference he didi not deserve to die. NOBODY DOES
Skip wrote on Feb 22, 2008 8:15 PM:This is a JOKE right?
Oh well I guess anyone can sue.
get a clue wrote on Feb 22, 2008 8:33 PM:I'm pretty sure the sheriff's dept does not have such a policy as this family claims. It just so happens that most of the people who commit crime in the city of Vista and surrounding communities, are Hispanic. How is that the sheriff's dept fault? If this guy and others in the Hispanic community would stop committing crime, they wouldn't have to worry.
OSYDER wrote on Feb 23, 2008 6:13 AM:HMMMM..THIS IS SIMILAR TO THE INCIDENT ON DEC-22-07. VICTIM HAD NO WEAPONS BUT BECAUSE OPD ASSUMED HE DID THEY SHOT AND KILLED HIM. NO NOT ONCE OT TWICE BUT 11 TIMES AND HE DIED AT THE SCENE. WHAT HAPPEN TO THE " TASER" METHOD OR ONLY SPECIAL PEOPLE GET THAT. THE FUNNY THING IS THEY DIDNT FIND A GUN UNTIL 2 DAYZ LATER...hahaha...THEY SHOULDVE FOUND A WEAPON IF ANY THE NIGHT OPD ENDED HIS LIFE....I WONDER WHAT THEY WOULD DO IF THE ROLES WERE REVERSED..OFFICERS NOW A DAYS JUST SHOOT TO KILL EVEN IF THEY ARE NOT IN DANGER...THAT SUCKS FOR BOTH THE VICTIMS AND THE OFFICERS...I SUGGEST MAKE BETTER CHOICES CAUSE THERES ALWAYS A BETTER WAY TO HANDLE SITUATIONS OR GET MORE TRIAIN...
get real again wrote on Feb 23, 2008 10:27 AM:the point is not whether anyone " deserved to die". What were the police suppose to do? Follow the law and obey the Police...simple as that!
To Real wrote on Feb 23, 2008 11:21 AM:I gave my opinion from the otherside, but apparently Lopez's side of the story wasn't worth posting.
glenn wrote on Feb 23, 2008 1:50 PM:I don't think the family should sue, but I also think that any police officer can shot in the leg or anywhere that is not life threatening.
REAL TO TO REAL wrote on Feb 26, 2008 7:20 PM:I DIDNT SAY ANYBODY DIDNT UNDERSTAND THIS AND I DONT CARE WHAT SIDE YOU GAVE YOUR OPINION ON OR WHAT YOU THINK ABOUT LOPEZ BUT JUST LIKE POLICE REACT SO FAST TO GET THEIR GUN OUT OF THE HOLSTER WHY DIDNT THEY REACT FAST ENOUGH TO SHOOT HIM WHERE ITS NOT LIFE THREATENING LIKE GLENN SAID
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