The family of the unarmed man who was shot in June by a
sheriff’s deputy and later died filed a wrongful death claim
Wednesday against the Sheriff’s Office, the county, Sheriff Curtis
Hill and Sgt. Mike Rodrigues.
Hollister – The family of the unarmed man who was shot in June by a sheriff’s deputy and later died filed a wrongful death claim Wednesday against the Sheriff’s Office, the county, Sheriff Curtis Hill and Sgt. Mike Rodrigues.
Filing it were Israel Guerrero’s parents, Luis and Maria E. Guerrero; his wife, Ivonne Guerrero; and their three children.
San Benito County Clerk Linda Churchill said the claim will be sent to a third party claim administrator, who will contact the Sheriff’s Office and determine its merit and what supervisors should do. Claimants will be restricted from any action for 45 days, Churchill said.
On June 10, Rodrigues shot an advancing Guerrero, then 29, after a baton strike and Taser gun shock failed to subdue him on Highway 156, the Sheriff’s Office reported at the time.
Guerrero died from excited delirium – with the gunshot, baton strike, Taser gun shocks and struggle with law enforcement personnel contributing to the death, according to an autopsy report. He had “near toxic levels” of cocaine and methamphetamine in his system, a report stated.
The claim states:
“Sheriff Curtis Hill, San Benito County Sheriff’s Department and County of San Benito violated decedent’s constitutionally protected rights by failing to provide adequate training, supervision, discipline, and control of San Benito County Sheriff officers or by having appropriate policies in place to prevent against incidents such as the instant,” the claim stated.
It requests awards for damages in excess of $150,000, or $25,000 for each claimant.
