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Slain girl's mom files $30M lawsuit against DEA
San Antonio Express News ^ | 3/13/2003 | maro. robbins

Posted on 03/13/2003 8:08:49 AM PST by wildbill

Slain girl's mom files $30 million lawsuit

Claiming federal agents had no reason to use deadly force against her daughter, the mother of a slain 14-year-old girl filed a lawsuit Wednesday against the two agents who she claims fired at Ashley Villarreal. The complaint seeks $30 million and potentially offers the most public review of the Feb. 9 encounter between the teenager and agents who were waiting to arrest her father, cocaine-trafficking suspect Joey Villarreal.

The case was filed in federal court a day after authorities asserted that Joey Villarreal knew about the stakeout and that his daughter was acting as a decoy when she drove along the street with her headlights off.

When investigators tried to stop her sedan, officials said, she rammed their unmarked vehicles and accelerated toward agents, who opened fire without being able to see who was at the wheel.

A lawyer for the girl's mother, Deborah De Luna Villarreal, dismissed this account as "the government laying out an alternate reality."

"I think there is a grave danger that reality is going to be distorted dramatically," said the attorney, Marynell Maloney. "How is a 14-year-old girl responsible to such a degree that she should be killed?"

The lawsuit is directed at two agents who, it asserts, are believed to have fired at the car: Bill Swierc and Jeff Kinnaman. The agents could not be reached for comment.

Authorities have not said who fired the fatal shot.

Maloney said a similar complaint against the agents' employer, the Drug Enforcement Administration, is in the works. Lawyers for Joey Villarreal have indicated they are preparing their own civil suit.

Should the case go to trial, it would offer possibly the most public review of the shooting at the intersection of South San Joaquin and Motes streets.

While the DEA and the San Antonio Police Department are separately examining the incident, it is unclear whether their findings will be released in detail.

A DEA spokesman, noting that the reviews still are under way, said it would be inappropriate for the agency to comment on the lawsuit.

The narrative described in the lawsuit says Ashley believed the agents were gang members. It also faults investigators for not seeing the girl climb into the car, emphasizing that minutes earlier she and a friend had put garbage cans on the stoop.

"This is a girl who's carrying out the trash, standing out there in the streetlight, and they're shooting her dead moments later," Maloney said. "It doesn't add up."

Described by Maloney as traumatized and grieving, Ashley's mother wasn't at a news conference held at the lawyer's office Wednesday.

Maloney said that, while the lawsuit seeks $10 million in actual damages and $20 million in punitive damages, what Ashley's mom wants most is to prove that her daughter was a victim.

"The numbers are really difficult to determine. What is the worth of human life?" Maloney said. "The main point is this thing shouldn't have happened."

-------------------------------------------------------------------------------- mrobbins@express-news.net

03/13/2003

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TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; US: Texas
KEYWORDS: 14yogirl; accident; dea; lineofduty; negligence; wodlist
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Shooting into a dark car at night without verification is not recommended. Her uncle was in the car but not driving. DEA says she was a decoy. Family says she was learning to drive and wanted to drive the car around block and put it in garage. If you wanted a decoy, wouldn't you use the uncle and not a child as a driver.
1 posted on 03/13/2003 8:08:49 AM PST by wildbill
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To: wildbill
"When investigators tried to stop her sedan, officials said, she rammed their unmarked vehicles and accelerated toward agents, who opened fire without being able to see who was at the wheel."

When a driver tries to run down a cop (or agents), they are allowed to defend themselves using deadly force, or else they or other bystanders could be killed. It's a pity, but it's not the agents' fault.

2 posted on 03/13/2003 8:15:40 AM PST by theDentist (So..... This is Virginia..... where are all the virgins?)
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To: theDentist
When a driver tries to run down a cop (or agents), they are allowed to defend themselves using deadly force

Absolutely ... but ... how is it that the fatal shot came from the rear

3 posted on 03/13/2003 8:19:00 AM PST by clamper1797 (Credo Quia Absurdum)
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To: wildbill
"Shooting into a dark car at night without verification is not recommended."

However, shooting into a dark car at night without verification is highly recommended if the driver is trying to run you down.

"Family says she was learning to drive and wanted to drive the car around block and put it in garage."

How does this jibe with, "The narrative described in the lawsuit says Ashley believed the agents were gang members."

What, she wanted to show the gang members how well she could drive? If I'm dealing drugs and gang members are outside, the last thing I'm going to do is practice "Rules of the Road".

4 posted on 03/13/2003 8:20:26 AM PST by robertpaulsen
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To: theDentist
>> When a driver tries to run down a cop (or agents), they are allowed to defend themselves using deadly force, or else they or other bystanders could be killed. It's a pity, but it's not the agents' fault.

These agents were in plain clothes gang-banger wear. She probably thought she was getting car-jacked. You would drive desperately too if somebody in their finest urbanwear pointed a gun at your car.

5 posted on 03/13/2003 8:21:04 AM PST by shadowman99
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To: shadowman99
If 2 people are coming at me with guns I'll give them the car.
6 posted on 03/13/2003 8:23:54 AM PST by theDentist (So..... This is Virginia..... where are all the virgins?)
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To: theDentist
Unmarked vehicles...guys in suits. Do you instantly assume the position every time a guy in a suit threatens you? That's what we call a slave mentality, isn't it?

The War on Some People Who Use Some Drugs (Only Because They Don't Generate Profits for Wall Street) claims yet another innocent victim.

7 posted on 03/13/2003 8:24:22 AM PST by dwollmann
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To: theDentist
" When a driver tries to run down a cop (or agents), they are allowed to defend themselves using deadly force"

The way this was reported earlier, the agents in two un-marked cars boxed her in from the front and rear. She rammed into one (or both) of the cars and was shot. If that is the way it went down, then her actions would seem reasonable under the circumstances. She might not have had any way of knowing they were agents.
8 posted on 03/13/2003 8:28:17 AM PST by babygene (Viable after 87 trimesters)
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To: wildbill
Every enforcement officers' gun should have a video camera attached to it which begins taping when removed from the holster. This is the only gun control which I advocate.
9 posted on 03/13/2003 8:42:57 AM PST by PaxMacian
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To: theDentist
I think you glossed over the part about "...officials said..." and presumed their word is uncontested fact.

The only uncontested facts here are that two undercover cops killed a 14 year old girl in an escalation of violence initiated by the cops. And they are sticking to their (stupid) story. The WOD is not worth this, or other police actions like Waco. If it takes big lawsuits like this to stop the WOD, then let's get down to it.

10 posted on 03/13/2003 8:50:35 AM PST by SteveH
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To: dwollmann
You are a person with an agenda, aren't you? The whole "wall street" thing is just dumb. If the government wanted to make it profitable for wall street, they'd just legalize it. Duh. Fighting drugs is expensive, hardly a money-making venture. It's expensive, dangerous, and frequently unpopular, and the DEA does it for reasons of principle, not just to keep the black man down. NOT fighting drugs would be the way to make more innocent victims. And since we don't have all the facts here, it's hard to make a judgement, but I'm guessing that the DEA agents probably didn't enjoy killing a 14 year old girl. It sounds like it's the parent's fault, not theirs, at first glance. Wasn't daddy a pusher?
11 posted on 03/13/2003 8:50:43 AM PST by jim35
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To: PaxMacian
Golly gee, what a great idea! You should mention it to the great and mighty Wizard of Oz at once! Then start back on your medication.
12 posted on 03/13/2003 8:52:53 AM PST by jim35
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To: babygene
But they were supposed to know that she was a 14 year old girl? Maybe they should have looked closer while she was ramming them with her car. I'm sure that's what you would have done, right? Boy, if only you had been in charge...
13 posted on 03/13/2003 8:55:25 AM PST by jim35
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To: SteveH
"The only uncontested facts here are that two undercover cops killed a 14 year old girl in an escalation of violence initiated by the cops."

Is that right? And just how did you come to that conclusion? You wouldn't be anti-cop, would you? Sure sounds like it to me.
14 posted on 03/13/2003 8:57:08 AM PST by jim35
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To: wildbill
Family says she was learning to drive and wanted to drive the car around block and put it in garage.

When I was learning to drive, my parents would have sooner let a wild dingo drive the car at night - even around the block - than let me. Full daylight with parents in the car only, and preferably around an empty parking lot.
15 posted on 03/13/2003 8:57:32 AM PST by Xenalyte (I may not agree with your bumper sticker, but I'll defend to the death your right to stick it)
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To: theDentist
"Federal officials say the car pulled away from the house at high speed with the headlights off. When agents tried to box the car in, they say, the girl kept coming toward them and crashed into their vehicle, then threw the car into reverse and rammed the DEA vehicle behind her."

http://216.239.33.100/search?q=cache:L7tR7b85VJoC:www.chron.com/cs/CDA/story.hts/metropolitan/1780133
16 posted on 03/13/2003 9:07:40 AM PST by Roscoe
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To: wildbill
Headlights off. That is a big factor for me.

She was "learning how to drive" at 14. Another big factor for me.

Does Texas even allow driver permits for 14 year olds? Pretty sure you need to be 15 to start learning. Then her Uncle allows her to start driving at night with her lights off? Doubtful.

Sounds to me that she was told to "go get their attention", but instead of leading them on a chase, she ended up hitting one of their cars and driving right at some of the officers. How many officers were there? The suit is only brought against 2, but there were likely more if it were an operation to arrest her Father.

"But she was only 14!"

Nobody in harms way knew that, all they knew was a driver in a car was endangering law enforcement agents. Would you hesitate to pull the trigger on someone breaking into your house with a gun drawn? Would you try to find out how old they were before you took action? Of course not. Just because she was 14 doesn't mean that the car was made of soft foam. She could have killed them as easily as a 37 year old man with that car.

I know that there are many here who hate any law enforcement and think all cops and agents deserve to die. Those people are anarchists of a worse kind than any of the loony protestors.

17 posted on 03/13/2003 9:11:43 AM PST by Anitius Severinus Boethius
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To: SteveH
Tin-foil hat alert!
18 posted on 03/13/2003 9:18:32 AM PST by theDentist (So..... This is Virginia..... where are all the virgins?)
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To: SteveH
Sorry, posted too early.

You're presuming the words of the grieving mother and the dealer's are uncontested facts. Yes, the girl is dead, and it seems that the escalation of violence was begun on her part, not theirs. She rammed other vehicles first, obviously not caring that there may have been people in them.

If the truth is somewhere in between, I favor the DEA.
19 posted on 03/13/2003 9:24:21 AM PST by theDentist (So..... This is Virginia..... where are all the virgins?)
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To: Roscoe
So many trees and yet so few who can actually see the 'forrest'. Think prohibition II.

Think a repeat of the violence brought by the first attempt at prohibition, only with much greater potential for abuse given the greater amounts being spent on this newest failed attempt to stem the consumption of a substance.

20 posted on 03/13/2003 9:33:42 AM PST by budwiesest
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