The parents of the 22-year-old who was shot and killed by an El Paso police officer have filed a lawsuit against the officers involved and the city of El Paso.
According to court documents, the lawsuit was filed on Friday and alleges that the shooting death of Erik Emmanuel Salas Sanchez was unjustified and that he was killed in front of his mother, his sister and her infant daughter.
Earlier last month, Officer Mando Kenneth Gomez was indicted on a manslaughter charge for the shooting, which happened on Jesuit Drive on April 29, 2015.
A police spokesperson said officers were responding to a burglary call. When officers arrived, Sanchez allegedly armed himself with a metal object and told officers he was going to kill them, police said.
The family is suing Gomez, Alberto Rivera and Pamela Smith, who were all officers with the El Paso Police Department and responded to the call.
After Sanchez allegedly threatened the officers, Rivera deployed a Taser in an attempt to calm him down.
Police said “it was ineffective” and that’s when Gomez fired his weapon, killing Sanchez.
In the lawsuit, the family claims that Sanchez had been struggling with mental issues and was taking antidepressants.
A neighbor called police that day but the lawsuit claims she never told them a burglary was happening. The neighbor allegedly told police Sanchez had been at her home but unexpectedly left.
The neighbor never told officers Sanchez was a threat to her or her family, the lawsuit states.
Officers Gomez and Rivera went to Sanchez’s home after speaking to the neighbor and had a conversation with Sanchez’s mother outside the home. His mother told officers that Sanchez had been acting strangely and asked them to find mental services for him.
At some point during the conversation, Officer Smith, who is also being sued, arrived at the home.
While Sanchez’s mother spoke with officers, Sanchez began talking to her through the screen door and then told the officers to leave because they did not have a right to be at his home.
According to the court documents, Sanchez did not have any weapons.
After officers spoke to Sanchez’s mother for an extended period of time, officers entered the home, frustrated by Sanchez’s insistence that they leave.
Sanchez’s mother said the officers did not have a warrant to enter the home and did not announce their intention to detain him, the court documents said.
When the officers entered the home, Sanchez’s sister was standing in the living room with her newborn baby in her arms. Rivera and Gomez drew their weapons and Sanchez moved away from them into the kitchen, the lawsuit states.
The lawsuit claims that Sanchez never threatened the officers but Rivera proceeded to stun him with a Taser. Even though the Taser did not make full contact with Sanchez, he allegedly became startled and moved toward the back of the hallway with his back to Gomez. That’s when Gomez shot five rounds.
The court documents said that officers did not attempt to resuscitate Sanchez, who was pronounced dead at Del Sol Medical Center.
The lawsuit states that “the shooting of Sanchez was acted willfully, deliberately, maliciously and with reckless disregard of Sanchez’s rights, entitling his parents to punitive damages.”
Gomez, a 10-year veteran with the El Paso Police Department, was indicted by a grand jury on one count of manslaughter on Feb. 28. He is still employed with the Police Department but was placed on administrative duty.
His trial is scheduled for Aug. 7.
Source: kfoxtv.com
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