News (Media Awareness Project) - US CA: Wire: Court Upholds $13 Million Award Against DEA |
| Title: | US CA: Wire: Court Upholds $13 Million Award Against DEA |
| Published On: | 2001-08-02 |
| Source: | Reuters (Wire) |
| Fetched On: | 2008-01-25 12:03:02 |
COURT UPHOLDS $1.3 MILLION AWARD AGAINST DEA
SAN FRANCISCO (Reuters) - A federal appeals court on Thursday upheld a $1.3
million judgement against the Drug Enforcement Administration (DEA), ruling
the government was liable in the killing of an Arizona man by a DEA agent
because the agent had not acted in self-defense.
The 9th Circuit Court of Appeals voted 2 to 1 to uphold a lower court's
award to the family of David Aguilar, 44, killed in 1997 by a DEA agent who
was involved in a drug surveillance operation.
According to testimony during the trial, Aguilar was shot and killed when
he took a sawed-off rifle and went to scare off a man he thought was a
registered sex offender sitting in a parked car outside his home. The
person in the parked car turned out to be a DEA agent, James Laverty.
Laverty testified that Aguilar aimed the rifle at him through the
windshield of his car and continued to point it even after he had pulled
his own weapon.The slain man's son, however, testified that Aguilar lowered
the rifle and attempted to retreat but was pursued by the agent, who fired
repeatedly through the open window of his car.
In upholding the decision, the two judges agreed with a lower court that
although Aguilar was committing a felony when he approached Laverty's
vehicle and pointed his sawed-off rifle at the agent, Laverty was not
acting in self-defense and was mostly responsible for the shooting.
"The district court resolved that dispute in plaintiffs' favor, concluding
that Laverty did not act in self-defense," the judges wrote. "Its
conclusion is supported by the record."
But in a dissenting opinion, Judge Robert Tallman wrote that the DEA
agent's life was in sufficient danger to warrant using deadly force when
confronted by an armed man.He added that although testimony showed Aguilar
slightly lowered his gun as the agent backed up his car, that action did
little to mitigate the threat.
"Laverty was always well within range of the rifle, which Aguilar could
easily have raised and fired within an instant," the judge wrote.
SAN FRANCISCO (Reuters) - A federal appeals court on Thursday upheld a $1.3
million judgement against the Drug Enforcement Administration (DEA), ruling
the government was liable in the killing of an Arizona man by a DEA agent
because the agent had not acted in self-defense.
The 9th Circuit Court of Appeals voted 2 to 1 to uphold a lower court's
award to the family of David Aguilar, 44, killed in 1997 by a DEA agent who
was involved in a drug surveillance operation.
According to testimony during the trial, Aguilar was shot and killed when
he took a sawed-off rifle and went to scare off a man he thought was a
registered sex offender sitting in a parked car outside his home. The
person in the parked car turned out to be a DEA agent, James Laverty.
Laverty testified that Aguilar aimed the rifle at him through the
windshield of his car and continued to point it even after he had pulled
his own weapon.The slain man's son, however, testified that Aguilar lowered
the rifle and attempted to retreat but was pursued by the agent, who fired
repeatedly through the open window of his car.
In upholding the decision, the two judges agreed with a lower court that
although Aguilar was committing a felony when he approached Laverty's
vehicle and pointed his sawed-off rifle at the agent, Laverty was not
acting in self-defense and was mostly responsible for the shooting.
"The district court resolved that dispute in plaintiffs' favor, concluding
that Laverty did not act in self-defense," the judges wrote. "Its
conclusion is supported by the record."
But in a dissenting opinion, Judge Robert Tallman wrote that the DEA
agent's life was in sufficient danger to warrant using deadly force when
confronted by an armed man.He added that although testimony showed Aguilar
slightly lowered his gun as the agent backed up his car, that action did
little to mitigate the threat.
"Laverty was always well within range of the rifle, which Aguilar could
easily have raised and fired within an instant," the judge wrote.
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