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News (Media Awareness Project) - US CA: Drug Raid Shooting Ends In $3 Million Settlement
Title:US CA: Drug Raid Shooting Ends In $3 Million Settlement
Published On:2002-09-25
Source:Whittier Daily News (CA)
Fetched On:2008-01-22 00:12:03
DRUG RAID SHOOTING ENDS IN $3 MILLION SETTLEMENT

EL MONTE -- The city of El Monte will pay $3 million to the family of a
64-year-old grandfather shot in the back during a 1999 drug raid in
Compton, officials announced Wednesday.

The settlement also includes 15 conditions . including an apology to the
family within 10 days . as part of the agreement approved Wednesday by
Superior Court Judge Josh M. Fredricks.

Noted criminal and civil attorney Johnnie L. Cochran Jr., the Paz family
lawyer, held a news conference Wednesday to announce the settlement. He
called the agreed-upon conditions "unprecedented."

"This is not about the money," Cochran said, while flanked by eight members
of the Paz family. "We settled this case with a list of conditions. Nothing
will replace Mr. Paz."

The terms include procedural changes within the department, training
officers to speak Spanish and audiotaping all "high-risk" search warrants.

But it also included some unusual terms requested by the family . like an
apology to them by El Monte Mayor Rachel Montes or Police Chief Ken Weldon.
Who makes that apology has not been decided yet.

Also, the events of the drug raid and shooting must be used as a "case
study" to train officers, Cochran said.

Cochran gave the Police Department nine months to comply with the
settlement conditions. If they fail, Cochran warned, he would file a
breech-of-contract suit against the city, asking for more money.

"Now the Paz family will begin the healing process," said Maria Derain,
Paz's daughter and plaintiff in the lawsuit.

El Monte attorney Eugene P. Ramirez said many of the conditions are already
in place. The city decided to settle, Ramirez said, because continued
litigation was too expensive, he said.

"We will make a formal apology to the Paz family," Ramirez said. "But,
nowhere do we admit any wrongdoing. The economic realities were uncertain.
We could win big or lose big. It would have been a crap shoot. This is not
an admission of liability. This is a resolution agreed upon by both parties."

The case involves the wrongful-death lawsuit of Mario Paz, a grandfather of
14, who was shot to death Aug. 9, 1999, in his bedroom by an officer on the
El Monte special weapons team.

The officers were serving a search warrant at Paz's Compton home. They
expected to find associates of an alleged drug dealer, who used the Paz
home as a mailing address.

They found no drugs, but five guns, three of which were stolen, and $10,000
in cash. The Paz family gave three stories about where the money came from,
none of which police believed, Ramirez said.

But no wrongdoing was ever found involving the officers.

Both the U.S. Department of Justice and Los Angeles County District
Attorney's Office decided not to prosecute Sgt. George Hopkins, the officer
who shot Paz.

Federal prosecutors concluded there was insufficient evidence to prosecute.
County prosecutors ruled Hopkins acted lawfully and in self-defense.

The suit was first filed in federal court against the cities of El Monte
and Compton and four officers. The officers were eventually dropped from
the case. It was kicked out of federal court when a judge ruled the
officers did not violate Paz's civil rights and the search warrant and
entry procedures were constitutional, Ramirez said.

But Cochran said El Monte police officers acted recklessly and were in the
wrong house when 13 officers bounded into the home detonating flash-bang
devices and firing "ultra bright devices" to illuminate the inside of the home.

Many of the officers did not speak Spanish, further confusing the sleeping
family who woke up to men in goggles wearing black and carrying guns.

But El Monte Deputy Police Chief Mark Gibboney said the officers were at
the right house and knew what they were doing.

Prior to Aug. 9, 1999, El Monte police followed a trail of drugs, guns and
money they alleged led to Paz's home. They brought along a special weapons
team on the raid because officers found 400 pounds of marijuana and assault
weapons at a La Puente house that also had a connection to the Paz house,
he said.

"The biggest misconception about this incident is we were at the wrong
house," Gibboney said.

Paz, Gibboney said, refused to obey orders to surrender and appeared to be
looking for a gun moments before he was killed.

The sergeant who shot Paz reacted when Maria Paz, the dead man's widow,
grabbed his leg. At the same time, Paz was kneeling on the floor. According
to police, he put his hand under the mattress and pulled out something "shiny."

Paz's other hand was in a drawer with a .22-caliber semiautomatic handgun,
covered up by some clothes, police said.

Fearing for his life, the officer fired.

"This family did not have clean hands," City Attorney Clarke Mosely said.

Cochran also said the police waited 30 minutes to get Paz medical attention.

But Gibboney said paramedics were at his side in three minutes and were
waiting at a nearby command post in case anyone got hurt.
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