News (Media Awareness Project) - US TX: 3 Plaintiffs To Drop Out Of Oregon Suit |
Title: | US TX: 3 Plaintiffs To Drop Out Of Oregon Suit |
Published On: | 1999-10-15 |
Source: | Houston Chronicle (TX) |
Fetched On: | 2008-09-05 17:51:56 |
3 PLAINTIFFS TO DROP OUT OF OREGON SUIT
Three people who were in the apartment the night police shot Pedro
Oregon Navarro have asked to be dropped as plaintiffs in the family's
civil suit against the city.
Attorney Richard Mithoff, who represents the family, said Rogelio
Oregon, Salvador Lopez and Nelly Mejia decided to drop out of the
lawsuit for the benefit of Oregon's mother and children.
Rogelio Oregon is the brother of Pedro, who was killed in a soured
drug raid at an apartment at 6711 Atwell on July 12, 1998. Lopez lived
there and Mejia was Rogelio's girlfriend, Mithoff said.
"It was the family's wish that any money awarded go solely to the
mother of Pedro Oregon and the two minor children," said Mithoff, who
represents the family. "The other three individuals did not sustain
any permanent injury in the incident and, therefore, it was their wish
that any funds recovered go solely to the mother and the two little
girls."
But Bob Thomas, attorney for the Houston Police Officers' Union, said
Mithoff asked U.S. District Judge Sim Lake to dismiss Rogelio Oregon
as a plaintiff because he doesn't want jurors to know about his past.
"No reasonable jury would award damages to Rogelio after his years
dealing in illegal narcotics," Thomas said.
He said the claims of Lopez and Mejia are likely being dropped because
both told detectives at the scene the night of the shooting that they
had seen nothing.
But Mithoff said Rogelio Oregon, Lopez and Mejia want to retain the
right to re-file their lawsuit, and he stressed that Rogelio Oregon
will testify in the June trial.
The family filed the federal civil rights suit against the city and
the six officers present in the apartment at the time of the shooting.
Claudia Navarro Pineda, 46, and Oregon's estate will be the only
remaining plaintiffs. Oregon left two children, Ashley, 5, and
Belinda, 3. The estate is administered by Oregon's sister, Susana
Oregon Navarro.
Lake has pared the suit down from its original version, dismissing
wrongful death allegations and excessive use of force allegations
against former officers Lamont E. Tillery, James R. Willis, David
Perkins and former Sgt. Darrell H. Strouse.
He allowed wrongful death allegations to stand against former officers
David R. Barrera and Pete A. Herrada.
Lake also let stand allegations of civil rights violations against all
six, including the warrantless entry and search of Oregon's apartment.
In a federal indictment returned last month, Strouse and Willis were
charged with violating the rights of Oregon and his brother to be free
from unreasonable search and seizure when they entered the apartment
with no warrant.
Although neither Strouse nor Willis was involved in the shooting, they
were involved in planning the raid, which underlies the charge in the
indictment.
A state grand jury indicted only one of the officers, Willis, on a
misdemeanor trespassing charge. He was acquitted.
Three people who were in the apartment the night police shot Pedro
Oregon Navarro have asked to be dropped as plaintiffs in the family's
civil suit against the city.
Attorney Richard Mithoff, who represents the family, said Rogelio
Oregon, Salvador Lopez and Nelly Mejia decided to drop out of the
lawsuit for the benefit of Oregon's mother and children.
Rogelio Oregon is the brother of Pedro, who was killed in a soured
drug raid at an apartment at 6711 Atwell on July 12, 1998. Lopez lived
there and Mejia was Rogelio's girlfriend, Mithoff said.
"It was the family's wish that any money awarded go solely to the
mother of Pedro Oregon and the two minor children," said Mithoff, who
represents the family. "The other three individuals did not sustain
any permanent injury in the incident and, therefore, it was their wish
that any funds recovered go solely to the mother and the two little
girls."
But Bob Thomas, attorney for the Houston Police Officers' Union, said
Mithoff asked U.S. District Judge Sim Lake to dismiss Rogelio Oregon
as a plaintiff because he doesn't want jurors to know about his past.
"No reasonable jury would award damages to Rogelio after his years
dealing in illegal narcotics," Thomas said.
He said the claims of Lopez and Mejia are likely being dropped because
both told detectives at the scene the night of the shooting that they
had seen nothing.
But Mithoff said Rogelio Oregon, Lopez and Mejia want to retain the
right to re-file their lawsuit, and he stressed that Rogelio Oregon
will testify in the June trial.
The family filed the federal civil rights suit against the city and
the six officers present in the apartment at the time of the shooting.
Claudia Navarro Pineda, 46, and Oregon's estate will be the only
remaining plaintiffs. Oregon left two children, Ashley, 5, and
Belinda, 3. The estate is administered by Oregon's sister, Susana
Oregon Navarro.
Lake has pared the suit down from its original version, dismissing
wrongful death allegations and excessive use of force allegations
against former officers Lamont E. Tillery, James R. Willis, David
Perkins and former Sgt. Darrell H. Strouse.
He allowed wrongful death allegations to stand against former officers
David R. Barrera and Pete A. Herrada.
Lake also let stand allegations of civil rights violations against all
six, including the warrantless entry and search of Oregon's apartment.
In a federal indictment returned last month, Strouse and Willis were
charged with violating the rights of Oregon and his brother to be free
from unreasonable search and seizure when they entered the apartment
with no warrant.
Although neither Strouse nor Willis was involved in the shooting, they
were involved in planning the raid, which underlies the charge in the
indictment.
A state grand jury indicted only one of the officers, Willis, on a
misdemeanor trespassing charge. He was acquitted.
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