Attorneys for the family of a man killed by Houston police officers
during a botched drug raid in July said Thursday they would settle
their possible future civil claims against the city for $35 million.

A smaller amount would be accepted if the city agrees within 30 days
to change policies and procedures in the Houston Police Department
that led to the death of Pedro Oregon Navarro, attorneys Richard
Mithoff and Paul Nugent said in a letter sent Thursday to city officials.

Mithoff, representing Oregon's family, said the letter served as the
proper legal notification required before a lawsuit is filed.

"At this time, it is impossible know or describe the full extent of
the suffering caused by this horrendous killing and the other brutal
acts of the police," said the letter, signed by Mithoff and Nugent.
"Not only did Pedro Oregon Navarro, an innocent man , lose his life in
a brutal and inhumane manner, but his two children have forever lost
their father and his mother has forever lost her son."

Oregon, 22, died July 12 in a hail of bullets fired by six officers
following up on an informant's tip that drugs were being sold in
Oregon's southwest Houston home.

A shot fired by one officer hit another officer in his
bullet-resistant vest and knocked him to the floor, police have said.
The officers apparently thought the shot had come from Oregon, and
they opened fire.

They fired about 30 rounds, 12 of which hit Oregon. Nine struck him in
the back, one in the back of the head, one in back of the shoulder and
one in the back of the hand.

All six officers are on paid suspensions. The case is being
investigated by police internal affairs and a Harris County grand jury
that's been hearing testimony and looking at evidence for more than
six weeks.

No drugs were found in the apartment and Oregon did not fire at
police, though a gun was found in the apartment. Oregon also had no
drugs or alcohol in his system.

In their letter, Mithoff and Nugent not only gave conditions for
settling any future state or federal litigation, but they also asked
city officials to preserve all evidence from the investigation into
the shooting and listed some of the witnesses who could be called to
testify.

City officials had little comment on the matter.

"We have an internal-affairs investigation under way and the district
attorney's office obviously has a grand jury investigation it is
pursuing," said City Attorney Anthony Hall. "When we get all the facts
established and get some indication of what they are, we'll take the
appropriate action."

Mayor Lee Brown, through spokesman Don Payne, echoed Hall, saying he
will comment on the case only after all the inquiries are complete.

Mithoff said late Thursday the training of the officers involved was
shoddy and that he hopes the incident forces the police department to
make significant changes.

"These were officers with marginal training and they're out in the
middle of the night illegally entering someone's home and shooting him
12 times in the back, and there's no evidence he had any drugs or
illegal contraband," Mithoff said.

Mithoff also said he feels that Oregon's relatives are not getting due
consideration from the city or the legal system because of their race.

"This is not the kind of thing that would happen in River Oaks,"
Mithoff said, referring to one of the city's richest neighborhoods.
"If it did happen in River Oaks we would have probably seen an
indictment before sundown, but because this happened in the Hispanic
community it's being handled differently."

The grand jury investigation has produced a steady stream of witnesses
and small protests outside the courthouse since late August. The panel

will resume its work on the case Oct. 19.

Prosecutors have said there was a scheduling conflict with a member of
the panel and all 12 grand jurors want to be present when a decision
or vote is made on possible criminal charges.

Checked-by: Rich O'Grady