Posted on 07/20/2005 8:49:43 AM PDT by holymoly
Man who was shot by deputies during a Harbor Gateway shootout gets $70,000 for his injuries.
A roofer mistakenly shot by sheriff's deputies during a chaotic gunbattle in Harbor Gateway last year has been awarded $70,000.
The county Claims Board approved the settlement on Monday for Ricardo Oliva, who was holding a mop while working atop a building. Deputies suspected he might be a sniper preparing to shoot them.
"He was very lucky and gives daily blessings to himself and his family that his life was spared," said Oliva's attorney, Steven Lerman. "He is a good guy and was basically in the wrong place at the wrong time."
A day after the March 31, 2004, shooting, Sheriff's Department officials called the shooting of Oliva an "unfortunate accident" at the conclusion of a chase in which the driver jumped out of his car and began firing at deputies with an assault weapon.
Deputies had been following Salvador Mosqueda, 32, from Carson after his mother said he was suicidal and had threatened his girlfriend. On Normandie Avenue at Torrance Boulevard, he began shooting at officers with a rifle capable of firing 100 rounds in a minute.
Deputies returned fire and killed him.
Sheriff's officials admitted from the beginning that three deputies who heard the shots but could not see the gunfire from the other side of a building confused roofers atop Melody Liquor for gunmen.
They fired, wounding Oliva.
"The sheriff's deputies, believing Mr. Oliva was a sniper involved in the shooting that had just occurred, fired at him, striking him twice in the arm," the Claims Board report said.
"After he was removed from the roof, the sheriff's deputies learned that he was a roofer and was using a long-handled hot mop on the roof."
The Claims Board report, written by Assistant County Counsel Roger H. Granbo, said that although the person on the roof with a mop could have been perceived as a threat, a jury "could find that the sheriff's deputies' actions were unreasonable under the circumstances."
The settlement, the report said, would save litigation costs and avoid a larger payout.
Lerman called the deputies' actions a "comedy of errors"
"He was a victim of inappropriate conduct by the sheriff's deputies," Lerman said. "He still has scars and difficulty with his arm."
No point, now...
imagine how many times snipers have been mistaken for roofers. I could hear a passerby yelling "hey you roofer, put that rifle down and fix those shingles!"
Just damn.
She should have been slapped up-side the head by the judge, for bringing that to court.
At least, I hope the cops who did this were fired.
Probably not.
"Lerman called the deputies' actions a 'comedy of errors'"
This Lerman-a$$ should be disbarred.
It's frightening to think that these particular cops are permitted to carry weapons.
One more reason to avoid California.
Can I get an Amen to a 5 day waiting period on mops?
Or maybe make the mop tips bright orange to distinguish mops from real guns.
I am the sister of the Salvador Mosqueda. Unfortuately we could not open a case to fight for him. There are alot of unanswered questions and ALOT of contridicting information from the officers involved. They are corrupt. Yes my brother had a firearm, but NOT ONE bullet was missing it was fully loaded yes. How then did he shoot at the officers. He never jumped out of the car, the eye witnesses that saw after climbing on top of a building down the street said they saw the officers drag him out of the car and threw him around the other side of the car after they shot him dead. God will judge and that is all my hope and peace. In Him the Lord almighty. My brother had problems, but did not shoot anyone. He was heading home after thinking of committing a crime, but was afraid and did not want to go to jail. Please keep us the family in your prayers as we miss him especially during this time of year. Also pray that this doesn't happen to anyone of your family members. God is good and He is just. God bless you.
"Another lesson to teach our children...Never, never, never, whatever you do, pick up a mop!!"
Slight correction: "Another lesson to teach our male children...Never, never, never, whatever you do, pick up a mop!!"
Shot a guy, not a girl.
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