California Deputy Shot Sues Couple
Updated: March 27th, 2006 09:59 AM EDT
E-mail Story Print Story Most Read Most Emailed
Sacramento Bee, The (CA) (KRT)
via NewsEdge Corporation
Mar. 25--A Sacramento County sheriff's deputy who was shot while responding to a domestic violence call is suing the couple he was trying to help, claiming the wife lied about having no weapons in the house.
Deputy Matthew Tallman claims Virginia Huerta knew her husband kept guns in their North Highlands house but didn't warn deputies who responded to her 911 call for help two years ago.
Huerta, who had called from her front yard, told the deputies her husband had slapped her. According to Tallman's suit, she led them to believe that there were no weapons in the house and that it would be safe to enter.
But as Tallman and another deputy approached the front door, her husband, Richard Huerta, opened fire, striking Tallman in the chest and arm. The other deputy was not injured.
In an interview this week, Virginia Huerta denied knowing about the guns and said the suit is in retaliation for a complaint she filed against the deputies.
She questioned why deputies led her back to the house when her husband had slapped her.
"The officer knew it was a domestic violence call. But the officer had me walk back up to my house," she said. "He put both of us in danger."
Richard Huerta, who was convicted on charges of attempted murder and assault with a deadly weapon, is currently serving a 75-years-to-life sentence for the March 21, 2004, shooting.
According to newspaper reports, he had previous convictions for spousal abuse, attempted robbery, driving under the influence and resisting arrest.
While the lawsuit doesn't specify monetary damages, Virginia Huerta said she and her husband are being sued for more than $500,000 in damages.
Legal and law enforcement experts say it's not uncommon for public safety servants - such as firefighters and police officers - to seek financial redress if they believe they were intentionally injured in the line of duty.
That differs from a public servant injured, for example, in an accidental fire, according to Lawrence Levine, law professor at the University of the Pacific McGeorge School of Law.
David Mastagni, whose firm is representing Tallman, said such lawsuits help reimburse the public who paid for an officer's medical bills. They also discourage people from intentionally injuring law enforcement officers.
Tallman and his attorney, Amanda Uhrhammer, declined comment. In the lawsuit, Tallman accused the Huertas of reckless disregard for the safety of others, and for misrepresenting the presence of guns in the home.
Had he been aware, the suit says Tallman "would have taken action to protect himself."
Steve Fisk, president of the Sacramento County Deputy Sheriffs' Association, said deputies are trained to take precautions when responding to domestic violence calls. Domestic disturbances are generally considered high-risk calls, he said.
According to The Bee's trial coverage, Virginia Huerta called the Sheriff's Department after her husband slapped her during an argument. Her husband had been on a four-day methamphetamine binge, prosecutors said.
When two deputies approached the front door, Richard Huerta opened fire, shooting through the wall, window and front door.
Tallman, who was wearing protective armor, was hit in the upper arm and lower back. A bullet lodged above his heart.
The other deputy, Jamin Martinez, testified that he felt a bullet pass by his head.
The deputies returned fire and after a brief standoff, Richard Huerta walked out of the house with his wife and two sons.
Sacramento County prosecutors said Richard Huerta warned his wife that there was going to be a shootout if she called 911.
"She knew her husband was on meth, on a binge. She knew he had a gun, knew there was going to be a shootout. She lied to them," said Supervising Deputy District Attorney Marv Stern.
Virginia Huerta maintains she wasn't aware that her husband had guns in the house.
"If I did know, do you believe I would go back to my front door and put myself between the officer and him?" Huerta said. "My children were in the house. I didn't know."
She said she's confused and upset by the suit. As a state worker raising two boys, she said she lacks the cash to make small household repairs. Right now, rubber bands keep her cupboards shut, she said.