Thread: Co -Family of immigrant killed by police seeks $5.9 million

Family of immigrant killed by police seeks $5.9 million
By Daniel J. Chacon, Rocky Mountain News (Contact)
Published February 16, 2009 at 12:03 p.m.
Updated February 16, 2009 at 12:03 p.m.
53 Comments


Police contend that Odiceo Valencia, a 45-year-old Mexican immigrant, posed a threat when he lunged toward an officer, and an investigation by the district attorney's office concluded that Valencia committed "suicide by cop."

But Valencia's family argues that Valencia, who had cocaine, amphetamine and alcohol in his system when he was gunned down, was no longer armed with a knife when officers opened fire.

"Our investigation at this point appears to show that he was falling backwards and that, in fact, he was shot when he was on the ground," Anthony Viorst, an attorney representing Valencia's widow and three children, said today.

Police responded to a home in the 5500 block of Dillon Street on May 17 after Valencia, who was estranged from his wife and had moved out of the family home, showed up and cut his wrist with a butcher knife "when an uninvited guest came to the party," according to the family's claim, considered a precursor to a lawsuit.

"When Mr. Valencia confronted the officers, he was still holding the knife with which he had caused his self-inflicted wounds," the claim states.

"Due to a language barrier, as well as alcohol ingestion, Mr. Valencia did not understand the officers' commands to drop the knife," documents state. "The police then fired a Taser weapon at Mr. Valencia, which caused him to immediately drop the knife. Although Mr. Valencia was now disarmed, several seconds later the police followed up their Taser shot with multiple gunshots, several of which were lethal."

After the shooting, a police spokeswoman said the officers "tried everything" with Valencia.

"Nobody wants to have to use deadly force and live with the fact they shot and killed someone," police Detective Sharon Hahn said at the time. "But he was charging the officer. He was aggressive with them."

Viorst said witness and newspaper accounts and "our own analysis" appear to show that Valencia was no longer a threat to police when he was killed. However, he said he hasn't been able to obtain police reports on the incident.

"They claim the investigation is still ongoing," he said.

It's unclear whether Valencia was in the country illegally, but Viorst said his legal status doesn't affect the claim.

"I don't think it would, especially since I believe that the family members are here legally. I believe the kids are citizens. I think they were born here. What really matters more is who's bringing the suit rather than who the deceased is," he said.

"Big pictures is: Regardless of whether someone is illegal, regardless of whether someone has drugs in their system, the police don't have the right to shoot that person in cold blood," he added.

Viorst said the family is seeking $936,030 in lost wages and $5 million for their "emotional toll."

He said he stands to make one-third of whatever settlement, if any, the family receives.


http://www.rockymountainnews.com/news/2 ... artner=RSS

I said it before and I'll say it again ... these people are a liability in every single way possible.... There is no UP SIDE to ILLEGAL IMMIGRATION... at least to the Middle and Lower class... the ONLY people benefited are the Rich, the Filthy Rich and the ILLEGAL ALIEN. Open up the Flood gates and DEPORT 100% of those in this country ILLEGALLY

Those that fail to deport.. Open up the FEMA camps and there ya go... free mater's and Tater pickers for the next 10 years to pay for the damages done to this country and to pay for room and board in the FEMA TENTS with FEMA COTS and Meals ready to eat that our soldiers are forced to eat

Sure, let's let the illegals sue everyone in America???
Honestly I think the whole Government is on CRACK!

Political Correctness is killing our nation and getting Americans killed.

His immigration status is a HUGE AGGRAVATING factor as it is with all crimes committed where Illegal Aliens are involved. If they hadnt broken the law in the first place they wouldnt have been there during the crime.

Just like a robbery. If 2 guys commit a robbery and the victim shoots and say kills one of the guys, the other is charged with murder.,