Thursday, April 2, 2020

FEDERAL DEADLY FORCE LAWSUIT FILED VS. LUCIO, DEPT.: SUSPECT HAD BOTH HANDS UP WHEN SHOT TO DEATH

By Erin Sheridan
Brownsville Herald
Staff Writer

The family of a Cameron Park man who was killed during an officer-involved shooting nearly two years ago filed suit against the county, Sheriff Omar Lucio, and the responding deputy alleging the department did not adequately train new staff on deadly use of force.

The lawsuit was filed by Esmeralda Vega and Gretchen Perez in federal court in Brownsville on Friday. Vega is the mother of Luis Yiar Alvarez, while Perez is listed as next of friend of Alvarez’s child, G.N.A.


Alvarez was shot on Easter Sunday in 2018 by a sheriff’s deputy responding to an assault in progress, according to a custodial death report published by the Texas Attorney General’s Office.

The complaint filed last week sued Cameron County, Sheriff Omar Lucio, and Deputy Sonny Pedraza in his individual capacity. As of press time, the county did not respond to a request for comment.

The suit alleged that “when the Sheriff’s deputies arrived outside Mr. Alvarez’s apartment, Mr. Alvarez went outside, dropped the butter knife he had in his hand, and put his hands up in the air in a manner that showed compliance with Officer’s commands.”

The family argued that Pedraza’s use of deadly force “was excessive and objectively unreasonable” because Alvarez was a safe distance away from the officers outside his door, he dropped the butter knife before gesturing compliance by putting his hands in the air, and the use of multiple bullets “was clearly unreasonable under the U.S. Constitution.”

The family alleged that the Cameron County Sheriff’s Department “has established a pattern of similar constitutional violations by untrained employees, which constitutes deliberate indifference” and that the department failed to train Pedraza on the deadly use of force.

Alvarez’s mother told reporters after the shooting that her son’s girlfriend wanted to leave, but he wouldn’t let her, prompting his mother to call law enforcement. She said, “He got a knife, but he didn’t intend to assault anyone,” according to The Brownsville Herald archives.

Vega then told her son that police were outside, according to the article. “That’s when he went outside with the knife, but both hands were up,” Vega said.

The name of the responding deputy was not released at the time of Alvarez’s death, according to local reports. On Oct. 10, 2018, a Cameron County grand jury ruled that the use of force was justified following an investigation into the incident by the Texas Rangers.

No criminal charges were filed against Pedraza, who had been on the force for three years, according to a statement made at the time of the verdict by Sheriff Lucio.

11 comments:

Anonymous said...

Does the lawsuit also mention that her son was high on cocaine, asking for a friend lol ! This lady will probably settle for the 30 thousand the county pays out and her lawyer will keep 20k and she will get 10k. And there you have it goes to show how much her little angels life was worth !

Anonymous said...

Why don't they sue the Rangers they said nothing was wrong with this. Guess Eric is happy to see this.

Anonymous said...

To the family of the dead criminal. Your son got what he deserved. He will no longer be a problem to society. You did a poor job in raising this piece of shit.

Anonymous said...

no tienen verguenza la gamilia
profiting off of a dead man
nit to metion unemployed and on government assistace at the time
taweno pay tyem what he would of earned had he had a job
50 per day at say 15 days a month for 20 years of life expectancy for junkies

Anonymous said...

Good thing there is a video that proves that allegation false. Why sue now it’s been over two years that this happened. This mom is just looking for money and she will settle for papitas. Pinche familia rasquache. He was cleared by the Rangers and a grand jury. Maybe this wound not happen if she raised him right instead of being a Pinche druggie wanna be gamg member with tattoos all over his face.

Anonymous said...

If the Rangers cleared him all is well, some shitty attorney talked them into sueing so he can make some pocket chang, SHAMEFUL!!!!!

Anonymous said...

They arrest you if you mistreat a dog why not a human bola de pendejos you all must be cops...

Anonymous said...

Los rinches have always been a bunch of crimminals we all know that and now they investigate to free their own even if the evidence is there. Persons posting here must be cops that don't know what justice stands for bunch of culos.

Anonymous said...

He's going: I kduel da raihopr and si cilsjduloos tank uuu...

Anonymous said...

He look confused aaaaaah whaaat hhooooppeeen?

Anonymous said...

funny

rita