The family of a unarmed man shot by a deputy in June filed a
wrongful death suit Wednesday in a U.S. District Court alleging his
civil rights were violated.
The family of a unarmed man shot by a deputy in June filed a wrongful death suit Wednesday in a U.S. District Court alleging his civil rights were violated.
Israel Guerrero, 29, of Hollister, was shot June 10, 2007, after what the sheriff’s office claimed were failed attempts to subdue the man with a Taser gun and a baton strike.
An autopsy report stated Guerrero died of “excited delirium” from hours of cocaine and methamphetamine intoxication, with the gunshot, baton strike, Taser gun shocks and struggle with law enforcement contributing to the death.
The suit, filed by Guerrero’s wife and family, contended the death “was caused by unprovoked, malicious, and excessive force used by sheriff Michael Rodrigues.”
“Mr. Guerrero was tasered, struck with a baton, sprayed with pepper spray and shot with a gun by defendant sheriff Michael Rodrigues while Guerrero was unarmed and turning away from the sheriff,” the suit said.
The sheriff’s office reported at the time that Guerrero was advancing toward Rodrigues, and other means of force failed to subdue him.
Sheriff Curtis Hill, who is also named in the civil suit, said Rodrigues followed office use of force policy in shooting Guerrero.
The suit contended Hill “did not adequately or properly supervise, investigate, of discipline Deputy Defendant Michael Rodrigues in response to the unjustified killing of decedent.”
“Defendant Curtis J. Hill in his individual capacity put in place a policy and custom adopting a pattern and practice of his department’s employing excessive and/or deadly force when confronting persons who may be under the influence of controlled substances who do not pose an imminent threat of great bodily harm,” the suit stated.
San Benito County District Attorney Candice Hooper declared the shooting legal in July.
The sheriff’s office and San Benito County are also named in the suit.
Hill announced in November that Rodrigues, who was indicted last month on eight unrelated felony charges, was “no longer employed by the County of San Benito.” Attorney Mike Pekin confirmed later that Rodrigues was fired.
