Suit dismissed over girl's death in SWAT shooting

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[ARCHIVED THREAD] - Suit dismissed over girl's death in SWAT shooting

Posted: 8/3/2009 11:29:56 AM EDT

Suit dismissed over girl's death in SWAT shooting
(AP) – 18 minutes ago

LOS ANGELES — A judge has dismissed a lawsuit filed by a woman whose baby daughter was killed during a shootout between the girl's father and a police SWAT team in Los Angeles.

Judge Rolf M. Treu ruled Monday there was not enough evidence to show the officers acted unreasonably during the July 2005 standoff in which 19-month-old Suzie Pena was shot in the head and died in her father's arms.

Jose Raul Pena was armed and high on cocaine when he held her hostage at his used-car dealership in Watts.

Both died after SWAT members stormed the office.

Suzie's mother, Lorena Lopez, filed the lawsuit against the Los Angeles Police Department alleging wrongful death and negligence.

The case was scheduled to go to the Superior Court jury this week after officers and police experts completed their testimony

http://www.google.com/hostednews/ap/article/ALeqM5h1AUQetaHIvhez1OO4I_PAKkdS9gD99RJC880

Posted: 8/3/2009 11:40:48 AM EDT

[#1]

Dont know enough to comment really, sucks for the poor girl. Only a little hope in that maybe she is in better hands now.

Posted: 8/3/2009 11:43:40 AM EDT

[#2]

Rightfully so.

Posted: 8/3/2009 11:45:51 AM EDT

[#3]

It was just a movie, LAPD SWAT. You're not ACTUALLY supposed to shoot the hostages.

Posted: 8/3/2009 11:46:44 AM EDT

[#4]

Their surgical shooting skills need work. Sucks to be that officer.

Posted: 8/3/2009 11:51:59 AM EDT

[#5]

Her old man gets coked up, uses the daughter as a hostage, and it's LA PD's fault.

Posted: 8/3/2009 11:57:18 AM EDT

[#6]

Quoted:

Her old man gets coked up, uses the daughter as a hostage, and it's LA PD's fault.

What if the guy grabbed some random baby, would it still be OK?

Posted: 8/3/2009 11:58:38 AM EDT

[#7]

Lorena, I am sorry your baby died, but it was the father that murdered that baby.

Posted: 8/3/2009 11:59:01 AM EDT

[#8]

Quoted:

Her old man gets coked up, uses the daughter as a hostage, and it's LA PD's fault.

Of course. The Babydaddy's dead, and was probably broke anyway, so no estate to sue. He was committing a crime, so no insurance payout (if he had any). Why not go after the deep pockets of the City of Los Angeles?

Still sucks for the little girl, her mother and the involved officers.

I'll refrain from commenting any further about mom until I find out how big the attorney's contingency fee was.

Posted: 8/3/2009 12:02:00 PM EDT

[#9]

Quoted:
Her old man gets coked up, uses the daughter as a hostage, and it's LA PD's fault.

+1 on the

.

At least they got the right address...

Posted: 8/3/2009 12:03:07 PM EDT

[#10]

damn you LL Cool J

Posted: 8/3/2009 12:08:27 PM EDT

[#11]

I wonder if the mother's lawyers argued that the popo should have shot the gun out of the babydaddy's hand because they're trained all special and stuff...

Posted: 8/3/2009 12:22:08 PM EDT

[#12]

Quoted:

Quoted:
Her old man gets coked up, uses the daughter as a hostage, and it's LA PD's fault.

What if the guy grabbed some random baby, would it still be OK?

Nobody said it is. "OK" but the blame rests with the dead father not the LAPD. If they went through a trial both sides rested and the Judge took it out of the jury's hands and gave a directed virdict there must not have been much evidence. Judges rarely do that but I have seen it before.

Posted: 8/3/2009 12:25:27 PM EDT

[#13]

Looking for more info on the story now.

It is definetly the fathers fault. But did SWAT really need to storm in there? Was anyone in danger? Anyone have info on why they went in, or how long it was before they went in?

I am all about the good guys taking out the bad guys, but a little girl is dead.

Posted: 8/3/2009 12:32:34 PM EDT

[#14]

http://abclocal.go.com/kabc/story?section=news/local&id=3719104

Monday, December 12, 2005 | 7:59 PM

LOS ANGELES –– The mother of a
toddler who was killed, along with her father, in a July 10 shootout
filed a wrongful death and negligence suit today against Chief William
Bratton, the city and numerous LAPD officers.

The LAPD has maintained that 19-month-old Suzie Pena was
accidentally shot by officers when her father used her as a "human
shield" during the 2 1/2- hour standoff and shootout with police.

A representative for the department said the LAPD had no comment on the
Los Angeles Superior Court suit brought on behalf of Lorena Lopez.

She alleges that the officers who were sent to Jose Raul Pena's
used-car business in Watts "negligently and recklessly did not use
proper and established police tactics designed to preserve life and
safely resolve the problem at hand."

Bratton and Mayor Antonio Villaraigosa have named a Board of Inquiry to
investigate the shooting death of the toddler and her 34-year-old
father, who shot at police before the SWAT team fired back, killing him
and his daughter.

One of the 11 officers involved in the shootout was wounded in the shoulder.

An autopsy showed that Pena had drugs and alcohol in his system, and
trace amounts of drugs were also found in the toddler's body.

The mother contends she told officers that Pena "was depressed and
needed psychological help" and pleaded on her knees with officers to
let her go inside the car lot to retrieve her daughter, to no avail.

Lopez also claims police failed to give negotiators sufficient time to defuse the situation before shooting.

According to her suit, the "negligent, reckless and incompetent acts in
question include massive indiscriminate shooting into the small office
enclosure housing Suzie Pena; the confrontational SWAT tactics; the
failure to continue negotiations; the rushed entry into the small
office; and the use of the flash-bang grenade in such close quarters."

The suit filed by attorney Luis Carillo, a vocal LAPD critic, further
alleges that department officials were warned in September and November
of last year that the SWAT unit was "reckless and dangerous to the
public."

The Pena shooting was one of several earlier this
year that placed the department under intense scrutiny, drew criticism
from community activists and generated calls for changes in police
procedure.

Lopez is seeking unspecified compensatory and
punitive damages and separate punitive damages against Bratton "in his
individual capacity."

Posted: 8/3/2009 12:36:02 PM EDT

[#15]

I guess it wasn't Horiuci's fault either.

Posted: 8/4/2009 4:19:23 AM EDT

[#16]

Quoted:
I guess it wasn't Horiuci's fault either.

You have to apply GD logic to understand.

Hispanic Child = Anchor Baby.

Posted: 8/4/2009 4:29:04 AM EDT

[#17]

any one of us who missed and accidentally shot someone's little girl in a self defense shooting would be kicking out heals in prison while losing everything we owned.

Posted: 8/4/2009 4:41:13 AM EDT

[#18]

Quoted:
any one of us who missed and accidentally shot someone's little girl in a self defense shooting would be kicking out heals in prison while losing everything we owned.

Prove it. Post one case. Just one.

Posted: 8/4/2009 4:44:32 AM EDT

[#19]

Quoted:

Quoted:
I guess it wasn't Horiuci's fault either.

You have to apply GD logic to understand.

Hispanic Child = Anchor Baby.
http://www.fixcas.com/news/2005/Suzie.jpg

They were all US citizens.

Posted: 8/4/2009 4:52:29 AM EDT

[#20]

Quoted:
They were all US citizens.

You sure? This says Jose was an illegal

Posted: 8/4/2009 4:58:34 AM EDT

[#21]

Quoted:

Quoted:
They were all US citizens.

You sure? This says Jose was an illegal

My bad.

Posted: 8/4/2009 5:00:20 AM EDT

[#22]

Quoted:

Quoted:

any one of us who missed and accidentally shot someone's little girl in a self defense shooting would be kicking out heals in prison while losing everything we owned.

Prove it. Post one case. Just one.

There is probably a lack of such cases since civilians involved in self defense shootings are unlikely to be attacked by thugs holding their babies. Police seek out thugs in their own homes, so the chances of this happening to an officer are greater. Still, doesn't bring the baby back to life.

Posted: 8/4/2009 5:03:15 AM EDT

[#23]

Quoted:

Quoted:
any one of us who missed and accidentally shot someone's little girl in a self defense shooting would be kicking out heals in prison while losing everything we owned.

Prove it. Post one case. Just one.

There is probably a lack of such cases since civilians involved in self defense shootings are unlikely to be attacked by thugs holding their babies. Police seek out thugs in their own homes, so the chances of this happening to an officer are greater. Still, doesn't bring the baby back to life.

There are cases out there of citizens hitting innocents and not being charged. It is sad the little girl died.

Posted: 8/4/2009 5:03:23 AM EDT

[#24]

Quoted:

Quoted:

Her old man gets coked up, uses the daughter as a hostage, and it's LA PD's fault.

What if the guy grabbed some random baby, would it still be OK?

huh?

Posted: 8/4/2009 10:05:26 AM EDT

[#25]

Quoted:

Quoted:
They were all US citizens.

You sure? This says Jose was an illegal

My bad.

Glad that that makes it okay!

Posted: 8/4/2009 10:09:58 AM EDT

[#26]

Quoted:
Her old man gets coked up, uses the daughter as a hostage, and it's LA PD's fault.

Of course

How else is baby mama gonna get paid?

Posted: 8/4/2009 10:15:33 AM EDT

[#27]

Quoted:
I guess it wasn't Horiuci's fault either.

Huh?

In context that comment makes no sense whatsoever.

Posted: 8/4/2009 10:18:47 AM EDT

[#28]

I saw this woman talking on the news through and interpreter. Fuck her boot her back to her home country. Sorry about the kid. No big paycheck this time –– blame your dead husband –– it was his actions that killed the kid.

Posted: 8/4/2009 10:25:59 AM EDT

[#29]

From what I read elsewhere there were numerous people in danger and the suspect fired 41 rounds. So there is a possibility that the SWAT team felt a sense of urgency for all involved.