Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Family Of Toddler Killed In Police Shootout Files Claims
NBC4TV ^ | September 27, 2005 | Staff

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."


TOPICS: Crime/Corruption; Culture/Society; News/Current Events; US: California
KEYWORDS: aliens; california; immigrantlist; lapd; lawenforcement; lawsuit; pena; police
Ambulance chaser Carrillo ate some high powered Wheaties this morning, but I don't see him winning a civil suit.

I guess these people needed to see a few more policemen get shot by Pena before the police could fire back.

1 posted on 09/27/2005 9:06:36 AM PDT by La Enchiladita
[ Post Reply | Private Reply | View Replies]

To: La Enchiladita
"If 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,"

So, if the baby was shot by a sub-sonic .45 round, then there would be no basis for a lawsuit?

2 posted on 09/27/2005 9:10:20 AM PDT by Rodney King (No, we can't all just get along.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: La Enchiladita

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.


3 posted on 09/27/2005 9:10:42 AM PDT by hophead (" Enjoy Every Sandwich" WZ)
[ Post Reply | Private Reply | To 1 | View Replies]

To: hophead

"Odd" that the family didn't sue her own father.


4 posted on 09/27/2005 9:13:19 AM PDT by weegee (The lesson from New Orleans? Smart Growth kills. You can't evacuate dense populations easily.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: hophead

Best life insurance plan yet, make your dependants rich without the hassle of premiums.


5 posted on 09/27/2005 9:14:09 AM PDT by Abathar (Proudly catching hell for posting without reading since 2004)
[ Post Reply | Private Reply | To 3 | View Replies]

To: weegee

Odd that we hear nothing about the officer who was shot in the shoulder by gunslinger Pena.


6 posted on 09/27/2005 9:14:25 AM PDT by La Enchiladita (U.S.A.! U.S.A.! U.S.A.! U.S.A.! U.S.A.! U.S.A.!)
[ Post Reply | Private Reply | To 4 | View Replies]

To: La Enchiladita

The question remains, will John Edwards use English or Spanish to give a "voice" to this dead child in court?


7 posted on 09/27/2005 9:16:05 AM PDT by weegee (The lesson from New Orleans? Smart Growth kills. You can't evacuate dense populations easily.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: La Enchiladita
Attorney Leo Carillo.

So that's where Pancho went when the series ended.

Wonder what the name of the firm is.

Cisco & Kidd?

8 posted on 09/27/2005 9:19:49 AM PDT by jim macomber (Author: "Bargained for Exchange", "Art & Part", "A Grave Breach" http://www.jamesmacomber.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: La Enchiladita
In most states at least,any person who is killed during the commission of a felony,even if the "killer" is a police officer,is deemed to have been murdered by he who committed the original felony (Pena,in this case).

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.

9 posted on 09/27/2005 9:23:27 AM PDT by Gay State Conservative
[ Post Reply | Private Reply | To 1 | View Replies]

To: La Enchiladita

I am going to file a suit against them for endangering the community.


10 posted on 09/27/2005 9:41:21 AM PDT by BurbankKarl
[ Post Reply | Private Reply | To 1 | View Replies]

To: weegee
"Odd" that the family didn't sue her own father.

He's dead, Jim.

11 posted on 09/27/2005 9:41:57 AM PDT by LexBaird (tyrannosaurus Lex, unapologetic carnivore)
[ Post Reply | Private Reply | To 4 | View Replies]

To: La Enchiladita

I blame the father who used his own child as a shield.


12 posted on 09/27/2005 9:59:32 AM PDT by buffyt (America will never seek a permission slip to defend the security of our people. Pres. George Bush)
[ Post Reply | Private Reply | To 1 | View Replies]

To: La Enchiladita
Well, let me argue the unpopular point-of-view: does shooting at the police relieve them of all responsibility? Just maybe, concern for the child should have overcome their concern for themselves. After all, we pay them to be at risk for the sake of the public.
13 posted on 09/27/2005 10:53:12 AM PDT by Grut
[ Post Reply | Private Reply | To 1 | View Replies]

To: Grut

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.


14 posted on 09/27/2005 11:26:51 AM PDT by La Enchiladita (U.S.A.! U.S.A.! U.S.A.! U.S.A.! U.S.A.! U.S.A.!)
[ Post Reply | Private Reply | To 13 | View Replies]

To: La Enchiladita

He's not dead!


15 posted on 09/28/2005 11:16:14 AM PDT by ROWROWE
[ Post Reply | Private Reply | To 6 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson