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Police rifle was used in fatal shooting of Oxnard bystander, court filings show
Ventura County Star ^ | April 5, 2013 | Gretchen Wenner

Posted on 04/16/2013 6:25:35 AM PDT by Altariel

The family of a man fatally shot by Oxnard police last fall after officers mistook him for a suspect has filed a federal lawsuit against the city and the police department.

It was the second federal suit in less than a month regarding deadly incidents last year involving Oxnard officers.

The latest case concerns Alfonso Limon Jr., 21, who was killed the night of Oct. 13 while walking home with his brother through the Colonia neighborhood after the pair had reportedly gone jogging. The a.inline_topic:hover { background-color: #EAEAEA; }

Oxnard Police Department has admitted multiple officers shot Limon after mistaking him for a suspect in a traffic stop that turned chaotic and violent on a Saturday night in the densely populated area, with fleeing suspects firing at police.

The complaint, filed last month and served to the city this week, alleges officers also fired at Limon’s brother, Gerardo, who ran “to a safe place across the street with bullets barely missing him.”

The suit seeks damages for wrongful death as well as assault and emotional distress in regard to Gerardo Limon, among other claims.

While the bulk of allegations echo information contained in earlier government claims and attorney statements, a county death certificate attached to court documents shows Limon was “shot by police officers with rifle and handguns.”

Authorities have so far provided no information about the type of firearms involved, citing ongoing investigations. Nine officers in all fired weapons that night. One suspect, 24-year-old Jose Zepeda, died in the shootout and a second received injuries that were not life threatening. A third man surrendered to officers while still in the vehicle.

Limon’s one-page death certificate shows he was a warehouseman at a CD packaging firm who died on the street, in the 100 block of North Garfield Avenue, within minutes of being shot by police. His autopsy and death investigation reports have not yet been made public.

Jeri Williams said she has seen the lawsuit but cannot comment because of the litigation and because the incident is still being investigated by the Ventura County Sheriff’s Office.

An attorney for the Limon family did not return a call seeking comment.

Also in March, the family of Robert Ramirez filed a federal suit against the department over his June 23 death. The 26-year-old was overdosing on methamphetamine and died of asphyxia when police restrained him in an attempt to get medical help. Attorneys allege police beat him, used a choke hold and stunned him with Tasers. County coroners categorized the death as a homicide but said they found no evidence officers hit or choked him. Police officials say no Tasers were used and officers never struck or choked Ramirez.

The two incidents, along with the fatal August shooting of 36-year-old Michael Mahoney, a man with a history of mental health problems who pointed a gun at police, sparked community protest last year. Mahoney’s family members have filed claims against the city, the first step in a possible lawsuit.

The police department, at Williams’ direction, has hired an independent agency to investigate the Limon and Ramirez incidents. The Office of Independent Review, an oversight board created by the Los Angeles County Board of Supervisors, will eventually release public reports on the cases after various law enforcement investigations are concluded.

(Follow the Limon complaint timeline.)

TOPICS: Miscellaneous
KEYWORDS: donutwatch; guncontrol; secondamendment

1 posted on 04/16/2013 6:25:36 AM PDT by Altariel
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To: Altariel
We can prevent these shootings by confiscating all guns possessed by anyone other than police and increasing the pay, benefits, subsidies, time off and retirement for police.

And we should give 'em drones, and let 'em keep the contraband they confiscate, too.

2 posted on 04/16/2013 6:39:47 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Navy Patriot

A progressive will begin arguing this on the tube in 3...2...1...

3 posted on 04/16/2013 6:59:04 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

To be fair to liberals, we have plenty of bootlickers here that would be happy to tell you it was the dead man’s fault for ‘acting suspicious’. They would also argue that police have to be trigger happy because they are oh so persecuted (*sob*) and oh so under funded(*sob*) that hosing down anyone remotely suspicious is all they can do. Oh, and if we don’t praise them for all this then we are ungrateful little anarchists.

4 posted on 04/16/2013 7:32:29 AM PDT by TalonDJ
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To: Altariel

These cases are all too common today, which is why I believe we need More Gun Control Laws, such as:

All Public Servants found liable in any judicial proceeding of Violating the Civil Rights of any Individual or group of Individuals, Shall Be prohibited from using, owning, or possessing ANY Firearm, and Shall be prohibited from associating with any Person who legally possesses any Firearm. There Shall be NO Exceptions.

any public servant who has been found liable for civil rights violations is by definition, A DANGER TO THE COMMUNITY.

5 posted on 04/16/2013 7:49:15 AM PDT by eyeamok
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To: TalonDJ
I am so tired of cops killing innocent people, breaking down doors of people who have done nothing wrong and all because they want to go home to their families at night. Well, the people that pay their salaries want to go home to their families at night too. Cops need to back off a little. There is usually no reason to be in a hurry in most of these cases. The cops have bullet proof vests they wear, they need to calm down. Does it really take seven cops to kill an innocent man? Why do cops go to the range, can't they take a shot and evaluate and wait and see if they need to take another. Is it really necessary to shoot until dead for sure?

I have a son who is a cop. Don't paint me as some kind of cop hater but I hate the attitude that nearly all cops eventually get. Cops think the people they deal with are slime and it is ok to get rid of slime.

It is possible that most of the people they deal with are slime but sometimes they make mistakes, once you kill someone it's too late to tell them your sorry, they can't hear you.

6 posted on 04/16/2013 8:01:31 AM PDT by JAKraig (Surely my religion is at least as good as yours)
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To: Altariel

The words ‘arrested’ and ‘homicide’ do not appear in the article.

7 posted on 04/16/2013 3:36:07 PM PDT by Bon mots (Abu Ghraib: 47 Times on the front page of the NY Times | Benghazi: 2 Times)
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