Posted on 06/20/2002 4:30:17 PM PDT by Wolfie
Boy's death costs Modesto $2.55M
Modesto will pay $2.55 million to the family of Alberto Sepulveda, the 11-year-old boy who was accidentally shot and killed during a September 2000 drug raid.
Police Chief Roy Wasden also agreed to change department procedures -- at the request of the Sepulveda family -- to prevent accidental shootings in the future.
Those changes include written policies directing officers:
Not to point their guns at someone who complies with police orders.
Not to take witnesses to the police station without their consent.
Not to take children to the police station without first advising their parents.
Sepulveda family attorney Arturo Gonzalez, in a written statement released Wednesday afternoon, called the changes significant.
Wasden, however, said officers have followed those procedures in the past, even though they were not written policies.
"For myself and the department," Wasden said at a Wednesday news conference, "this has been a difficult ordeal to go through. But what we experienced isn't a fraction of what the family went through.
"I'm sorry this happened, and the department is sorry this happened."
The settlement, expected to be approved this morning by a federal judge in Fresno, will end the family's wrongful death lawsuit against the city. Jury selection had been scheduled to begin July 23.
Neither family members nor Gonzalez attended the Wednesday news conference. They are expected to speak with reporters today.
The boy's mother, Sonia Sepulveda, spoke briefly Wednesday at the family's Highway Village home.
Standing in the front doorway, she clutched the worn card of her attorney in one hand. Her other hand came to rest, from time to time, on a pendant holding a rose-tinted picture of Alberto.
Tears welled in Sepulveda's eyes. She said the pendant was a gift from her mother-in-law, who died Wednesday morning in Riverbank.
Overwhelmed by the news of her mother-in-law's death and the announcement of the lawsuit settlement, Sepulveda said she had nothing more to say.
Her son was killed when a shotgun -- held by officer David Hawn of the Police Department's Special Weapons and Tactics team -- discharged as the boy lay face down on his bedroom floor.
Hawn and other Modesto SWAT officers were assisting federal drug agents in an arrest and search targeting Alberto's father, Moises Sepulveda Sr. The search was part of a coordinated predawn raid at 14 homes in Stanislaus and San Joaquin counties.
Later, the elder Sepulveda was charged with conspiracy to distribute methamphetamine. He is awaiting a September trial in U.S. District Court in Fresno.
Reports call it 'tragic accident'
In recent weeks, Gonzalez said he wanted the city to lobby federal authorities to drop the drug charge against Sepulveda.
City officials refused, however, and said Wednesday that the lawyer's request was not part of the settlement agreement.
Investigations by the Police Department, the Stanislaus County district attorney's office and the state attorney general's office cleared Hawn of any criminal wrongdoing in what officials called a "tragic accident."
Wasden, however, said his investigation uncovered a number of issues that needed to be addressed, including communication problems between the department and federal authorities.
"I've taken the necessary steps to address this communications issue by establishing a new policy for the review of requests for the use of our department's SWAT team," Wasden said, "and for the use of any (police) personnel at the request of any outside agency."
The shooting also was the catalyst for a statewide commission set up to examine SWAT policies and procedures. That panel should make its report in the next few weeks.
Councilmen express sympathy
City Council members met in closed session Tuesday to sign off on the settlement. There was no disagreement to the proposed deal, Councilmen Bruce Froh-man and Denny Jackman said.
"I feel very sorry for the family, very sorry this happened," Frohman said, "and very sorry for the police officers involved. The whole story was a sad one, just a tragedy."
Frohman said there was no council resistance to the family's demands for changes in police procedure. "We agreed that their requests were reasonable."
Added Jackman: "I'm sure we would all go back and redo the past so the boy would not be harmed, but we are where we are. I hope this provides some closure for everyone involved."
Councilman Will O'Bryant, a retired Alameda County sheriff's deputy, said: "My heart naturally goes out the family of this boy. But with my background in law enforcement, it also goes out to the officer and his family because they suffer, too. This officer will relive this thing. So you have more than one victim.
"There is never any closure on an incident like this, "but I'm glad to see it's settled so people can get on with things."
Fed settlement $450,000
Earlier this year, the federal government agreed to pay the Sepulveda family $450,000 for the federal role in the shooting. A city lawsuit against the government was dismissed.
Gonzalez said he believes the $3 million-plus total for the settlement is the most money ever paid by government entities in the wrongful death of a child.
Attorney Greg Fox, representing the city, said he was not sure about that claim but called the settlement a significant amount of money.
"It reflects the fact that a child died," said Fox, who attended the news conference with City Attorney Michael Milich. "Both sides recognized that the death of Alberto was a tragedy that called for accountability by the city and the department."
Milich said the city's insurance will cover all but $500,000 of the settlement. He said the half-million dollars would be drawn from the city's insurance reserves and would have no effect on the city's budget.
Wasden said the department will continue to take steps to ensure that such a tragedy never happens again.
"I think it is important for the public at large and especially the citizens of Modesto to realize that the men and women of the Modesto Police Department are committed to performing their law enforcement functions to the highest professional standards," he said.
"That was the case prior to and in the wake of this tragic incident. Because of this incident, we are a better police department and even more committed to the service of our community."
As for Officer Hawn's other AD, the victim had only moments before committed suicide. Uh-uh.
Hawn is back on the job after being put on paid leave after the shooting, which is routine in such incidents, Ridenour said. The year before the shooting, Hawn was cleared of wrongdoing in another incident in which his gun misfired and shot a person who had already killed himself during a SWAT raid.
Investigations by the Police Department, the Stanislaus County district attorney's office and the state attorney general's office cleared Hawn of any criminal wrongdoing in what officials called a "tragic accident."
David Hawn is clearly too incompetent to be issued a gun in a police capacity. If he has one it reflects as woefully incompetent the person or persons that gave the go-ahead to issue Hawn a gun. This case of dumb and dumber is no laughing matter. It's the blind leading the blind.
Not to take witnesses to the police station without their consent.
You mean to tell me that it was standard policy to kidnap people! They can spin all they want but taking somebody without an arrest or subpoena is kidnapping. Or is there some law that says they can take a person without arresting them?
Government intervention into peaceful, private activity -- notably, free association wherein any or all parties are free to walk away -- will make things worse rather than better.
Definition of insane: the War on Drugs
I guess that's why they settled. Could you imagine trying
to convince a jury of Modesto residents to essentially vote
for a tax increase on themselves to pay for the kind of high
dollar award that this case should have gotten?
It seems like a good guess. By my thinking it is that the Modesto city defense didn't want to risk presenting the perception that it's a child murderer or justifying the death of an innocent and totally defenseless eleven year old boy. That, and the jury wouldn't have given a second thought to increased taxes -- if they thought about it at all. Unlike almost every politician and bureaucrat, jurors in general have a big problem with their conscience looking in the mirror each morning when they saddle themselves with guilt.
Could you imagine being a juror and rendering an innocent verdict and then having to live in the same town? If having to look yourself in the mirror each morning isn't enough how about being scorned almost everywhere you go. The time is fast approaching where that will happen to politicians and bureaucrats.
This is right out of Blazing Saddles. Don't kill yourself or I'll shoot!
Investigations by the Police Department, the Stanislaus County district attorney's office and the state attorney general's office cleared Hawn of any criminal wrongdoing in what officials called a "tragic accident."
I guess those "officials" never heard of "negligent homicide from accidental discharge"! I'm surprised he wasn't given a medal and a promotion!
This officer will relive this thing. So you have more than one victim.
More than one victim my a$$! There is one victim and one perpetrator. A victim suffers more than "mental anguish", but it's PC America isn't it. We're all "victims" and everyone needs "closure". Liberal PAP!
victim...one that is acted on and usually adversely affected by a force or agent as
(1) : one that is injured, destroyed, or sacrificed under any of various conditions
2) : one that is subjected to oppression, hardship, or mistreatment
Sacrificed at the altar of the WOsD! I hope you politicians are proud of yourselves for what you're doing to this nation!
He shot the kid in the back while he was on the floor! I hope he has perpetual nightmares and quits before he has another "tragic accident" from a flashback at the next no knock raid!
May your chains rest lightly, officer.
You people sicken me! IMO no justice was served in this case. All this settlement is is hush money. Hush up and go back to grazing. Don't raise the issue any more.
What a lovely pasture 3 million dollars can buy.
An FYI for you Wolfie...this case, and a particular FReeper's condescending attitude about it in general, really sent me over the edge on the WOsD. If anyone wants to know why I'm so against the WOsD all I have to say to them is Alberto Sepulveda.
This "decision" has got me just as incensed. That officer is guilty of more than a "tragic accident."
Congratulations, retard.
Drug War Casualties
In September of this year, eleven year old Alberto Sepulveda was killed by a blast from a SWAT shotgun while spread-eagle on the floor of his parents Modesto, California, home during a drug raid where no drugs were found.
DEA -- DOA
(No drugs or weapons were discovered in the Sepulveda home, and only $3,000 in cash.)
Second article...11-Year-Old's Funeral Today
City officials said Monday that no drugs or weapons were found in the house. Cash was found.
It doesn't appear at this point in time that the father was involved with drugs. Are you one of the "guilty until proven innocent" crowd too?
The revenue came out of taxpayers pockets. The family paid with the life of this boy. The taxpayers coughed up a half million bucks. Nobody in government is accountable. I can name that tune in three notes. Only the best police officers are assigned to SWAT teams./sarcasm
Her son was killed when a shotgun -- held by officer David Hawn of the Police Department's Special Weapons and Tactics team -- discharged as the boy lay face down on his bedroom floor.
makes me sick. Hawn didn't merely hold the shotgun, he pointed it at a BOY who was complying with his orders. Shotguns don't just discharge by themselves---Hawn pulled the trigger. I'd rewrite it this way:
"Her son was killed when officer David Hawn of the Police Department's SWAT team blasted him in the back with a shotgun as he lay face down on his bedroom floor."
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