Posted on 09/27/2005 9:06:35 AM PDT by La Enchiladita
Claims Are Precursor To Multimillion-Dollar Civil Lawsuit
POSTED: 7:49 am PDT September 27, 2005 UPDATED: 7:59 am PDT September 27, 2005
LOS ANGELES -- The family of toddler Suzie Pena, who was killed when she was allegedly used as a shield by her father during a shootout with police, has filed claims against the city and police department, their attorney said.
The claims, filed late Monday, are the precursor to a multimillion-dollar civil lawsuit. They name police Chief William Bratton, the city of Los Angeles and the Los Angeles Police Department as defendants.
"The claims specify the negligence of Chief William Bratton and his SWAT commanders who ordered the attack on a small office without taking into consideration that baby Suzie would be killed by the SWAT team using high velocity military rifles," said attorney Leo Carrillo.
Carrillo said the tactics of the LAPD were "reckless, defective and incompetent" and that the attack was ordered less than 90 minutes after SWAT arrived, "without giving the negotiators enough time to defuse the situation."
He also said the flash bang grenade used by the SWAT team was "highly reckless because the smoke released by the grenade restricted vision and prevented a clear view of baby Suzie."
On Saturday, Carrillo called for Bratton to be fired.
"Mr. Bratton has a long history of participating in the coverup of the deaths of young people of color," Carrillo said at a news conference in Leimert Park.
Bratton and Mayor Antonio Villaraigosa have named a Board of Inquiry to investigate the shooting death of the toddler and her father, Jose Raul Pena, on July 10 at the man's used-car business in Watts. Pena shot toward police several times before the SWAT team fired back, killing him and his daughter, who he was holding in front of him.
Bob Baker, president of the Los Angeles Police Protective League, called the Board of Inquiry "unnecessary."
"Any suggestion that our officers were intentionally doing a lesser job is patently absurd and certainly not borne out by the history of SWAT in Los Angeles," Baker said in a statement.
Earlier, Carrillo called for the Justice Department to conduct an independent investigation into the shooting, saying the LAPD was "incapable of investigating its own officers."
At the time, Bratton said a federal investigation was unnecessary, adding, "the public, I think, has a whole lot more trust in the LAPD than the ambulance chasers."
I guess these people needed to see a few more policemen get shot by Pena before the police could fire back.
So, if the baby was shot by a sub-sonic .45 round, then there would be no basis for a lawsuit?
The moral of this story is:
If you want to commit a crime, use a baby as a shield and do what you please because under no circumstances should law enforcement interfere with you for the sake of the child.
"Odd" that the family didn't sue her own father.
Best life insurance plan yet, make your dependants rich without the hassle of premiums.
Odd that we hear nothing about the officer who was shot in the shoulder by gunslinger Pena.
The question remains, will John Edwards use English or Spanish to give a "voice" to this dead child in court?
So that's where Pancho went when the series ended.
Wonder what the name of the firm is.
Cisco & Kidd?
Therefore,the scorecard here is:Pena,(at least) two felonies;LAPD,no felonies.
So this case shouldn't even reach a jury.But if it does, the City of Los Angeles had better be ready to cut a check.
I am going to file a suit against them for endangering the community.
He's dead, Jim.
I blame the father who used his own child as a shield.
Most likely, there are "rules of engagement," i.e., how much fire the police will take before returning fire and how deadly that fire will be.
He's not dead!
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