Posted on 11/30/2022 6:37:18 AM PST by Brilliant
The widow of slain El Monte Police Sgt. Michael Paredes and her attorney are scheduled to announce legal action against L.A. County District Attorney George Gascón and the county Tuesday over the sergeant's shooting death in June.
The D.A. faced criticism following the shooting deaths of Paredes and Officer Joseph Santana in June after it was determined the gunman -- Justin William Flores -- was on probation for a weapon violation that critics contended should have landed him behind bars.
"It is the D.A.'s responsibility to make sure that he is following his legal obligations and following the law," Paredes said at a downtown Los Angeles news conference announcing the claim. "And unfortunately, in this situation, and in many situations, this is not being done. The law is not being followed by our district attorney and making sure that the California Three Strike law is being put into play."
Her attorney, Michael J. Peacock, said if the district attorney and Probation Department "had both simply done their jobs ... Sgt. Paredes would be here today, as well as Officer (Joseph) Santana..."
The 42-year-old Paredes and his partner, Officer Joseph Santana, 31, were ambushed and killed by Justin Flores...
The claim includes a list of Flores' prior convictions, which include vehicle theft, resisting arrest and burglary...
The claim alleges that despite Flores' extensive criminal record, instead of being in custody he was instead allowed to "freely roam and prey on unsuspecting residents and workers in El Monte" because of Gascon's progressive policies.
After the shooting, critics noted that Flores, despite his record, was given a plea deal last year that allowed him to avoid prison time for being in possession of a handgun. As a result of the plea, Flores was only ordered to spend 20 days in jail...
(Excerpt) Read more at cbsnews.com ...
I hope they get millions off of this travesty!!!
Gascon needs to be in Jail.... so sad this has happened to a good officer.
There needs to be a wave of these lawsuits. That said, I suspect the courts will throw it out.
“I suspect the courts will throw it out.”
I think you’re right.
This will go nowhere, remember the Courts signed off on this plea deal, they are just as complicit.
You’re right. Under the CA Tort Claims Act, the DA is immune from claims for failure to prosecute. Perhaps there’s some indication of LA County being willing to couch up some money voluntarily, and this is the vehicle to get there. But, on the law, this case is dead as a doornail
Is it an unqualified immunity? I ask because it seems that Gascon is testing the limits of the law in that regard.
He will claim qualified immunity.🤮
Just plain immune. Government Code Sec 820.2. My reading of the Tort Claims Act is that, an old statutory scheme written when CA was still a pretty conservative place, is much more restrictive on the issue of sovereign immunity than many other states are today
Good for her.
Hope she gets $$$ from the DA directly, also.
I bet the cops don’t have absolute immunity.
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