OREGON'S KIN FILE SUIT AGAINST CITY, 6 OFFICERS

Pedro Oregon Navarro's family Tuesday filed a federal civil rights
lawsuit alleging six Houston police officers acted as "judge, jury and
executioner" when they killed the Mexican immigrant in a botched drug
raid July 12.

"I think the forensic, physical and photographic evidence will clearly
point to a man who was not in a position to resist, did not resist,
had no reason to resist and was gunned down, indeed probably executed,
without cause," Oregon family attorney Richard Mithoff said at a news
conference.

The suit, which asks for an unspecified amount in damages, names the
city of Houston and the six officers.

It blames Oregon's death on a systemwide failure of the Houston Police
Department's policies in recruiting, hiring and training officers.

It also alleges that HPD practices discriminate against low-income,
minority neighborhoods, particularly when it comes to "authorizing a
raid of a residence in a predominately non-Anglo neighborhood."

"The fundamental problem here is not just with these particular
officers," Mithoff said. "The problem is the underlying policies and
practices and that's what we want to change.

"This kind of practice does not occur in other neighborhoods, in River
Oaks, in Tanglewood, in West University.

"We believe we'll be able to show from their own records, as well as
proof from experts, that there is a discriminatory pattern and practice."

The suit, alleging the officers violated Oregon's constitutional
rights, was filed on behalf of his mother, Claudia Navarro Pineda;
daughters Ashley, 4, and Belinda, 2; and other family members.

Police Chief C.O. Bradford has fired the six officers, calling the
shooting an "egregious" case of official misconduct. Five of the
officers are appealing their firings, contending their actions were
justified.

An internal investigation found that the officers had violated HPD
policies and state and federal laws, but a Harris County grand jury
cleared five of them and charged the sixth with criminal trespass, a
misdemeanor.

However, a U.S. Department of Justice investigation is
ongoing.

An HPD spokesman referred questions to City Attorney Anthony Hall, who
said, "It is the judgment of every city official I've talked to that
this was a tragic event, that this was not a good day for the city.

"The issues that remain are obviously issues of who is legally
responsible and liable for money. This lawsuit is obviously simply
about money. We will be determining those issues during the course of
this litigation."

Hall said it is too early to speculate whether the city would settle
the suit out of court.

The suit alleges that several HPD policies and practices led to the
shooting, including:

- - "Applying or allowing a different standard in authorizing a raid of
a residence in a predominantly non-Anglo neighborhood than would be
applied in a predominantly Anglo neighborhood."

- - Relying on unauthorized informants.

- - Relying on HPD's gang task force rather than the more highly trained
narcotics squad.

- - Allowing lax standards in recruiting, training and supervising gang
task force members.

The suit describes Oregon, 22, as a landscaper and soccer coach who
provided for his mother's care and "did not smoke, drink or use drugs."

Mithoff said Oregon came to Houston from Mexico eight years ago and
was applying for citizenship.

Based on an unauthorized informant's tip that drugs were being sold at
an apartment, the suit says, the officers went to Oregon's residence
"as judge, jury and executioner; entered his home without a warrant
and without probable cause; and fired approximately 33 rounds into the
bedroom of (Oregon), pausing only to reload."

Oregon never fired a weapon and no drugs were found in the apartment,
the suit said, and autopsy found no trace of drugs in his body.

Asked to elaborate on his comment that Oregon was "probably executed,"
Mithoff said, "We know he was shot in the back, that 12 shots were
fired from the back, that nine were shot into his back, one on top of
his head, one in the back of his shoulder, one in the back of his
hand. We know he was lying on the ground.

"Certainly the physical evidence points toward a planned escapade if
not a totally botched escapade.

"I think the facts will establish ... that this killing was totally
unjustified and constituted clear excessive use of force."

Paul Nugent, another attorney representing the family, disagreed with
Hall that the case is only about money.

"The family wants something positive to come of Pedro's tragic death,"
Nugent said. "They don't want other families to have to suffer the
loss of a son.

"Hopefully, this lawsuit can help the police department better train
and better supervise its officers so they don't have violations of the
law and they don't have citizens killed in their own homes."

The suit has been assigned to U.S. District Judge Simeon
Lake.

Checked-by: Patrick Henry