ONTD Political

Mother sues over cop killing her 14-year-old son.

4:25 pm - 09/14/2011
Mom Says Prickly School Cop Killed Her Son

A 14-year-old boy got into a fight at a school bus stop and the school district's police officer responded by shooting him to death, the boy's mother says. She says the cop had been reprimanded 16 times in the previous 4 years, suspended without pay 5 times, and "recommended for termination for insubordination," but the school kept him on the force "without remedial training."

Denys Lopez Moreno sued the Northside Independent School District, of San Antonio, the district's Chief of Police John Page and the alleged shooter, Daniel Alvarado, in Federal Court.

Lopez says her son, Derek, got into a fight with another boy at a school bus stop and punched the other boy once, in November 2010.

"Defendant, Alvarado, having responded to a call regarding a bus with a flat tire, witnessed Derek strike the other boy. He ordered Derek to 'freeze.' Derek hesitated and then ran from defendant Alvarado," according to the complaint.

"In his patrol car, Alvarado began chasing Derek in the neighborhood across the street from the high school. Alvarado lost sight of the boy in the neighborhood and returned to the location of the school boy fight. At that time, he called dispatch. Dispatch recordings reflect that his supervisor directed Alvarado to stay with the other boy and to 'not do any big search over there.'

"Ignoring his supervisor's orders to 'stay with the victim and get the information from him,' Alvarado placed the second boy into the patrol car and sped into the neighborhood to search for Derek."

Lopez says her son jumped over a fence and hid in a shed in the back yard of a house. The homeowner saw him, called 911, and alerted a neighbor, who pointed Alvarado in Derek's direction. Lopez says her son never left the shed, never approached the house or threatened the homeowner or her daughters, and posed no threat to anyone.

Nonetheless, she says: "In violation of NISD police department procedures, Alvarado drew his weapon immediately after exiting the patrol car. With his gun drawn, he rushed through the gate and into the back yard. Within seconds from arriving at the residence, Alvarado shot and killed the unarmed boy hiding in the shed."

A neighbor, who is an EMT, called an ambulance, which arrived in 20 minutes, during which time the EMT was trying to save Derek's life, his mom says. But she says her son died in the ambulance about 50 minutes after Alvarado shot him.

Lopez says the district acted with "deliberate indifference" in keeping Alvarado on the force despite his poor disciplinary record.

"In approximately a four (4) year period leading up to the shooting, defendant Alvarado had been reprimanded sixteen (16) times," the complaint states. "Specifically, he had been reprimanded for insubordination and failure to follow supervisors' directives seven (7) times. Due to his poor service record, Alvarado was suspended without pay on five (5) occasions. On May 21, 2008, Alvarado was recommended for termination by Page. Despite being recommended for termination for insubordination and for refusal to follow supervisor directives, Alvarado remained on the force without remedial training."

Rather than fire Alvarado, the district transferred him to patrol, "an area of duty with less supervision," according to the complaint.

Lopez claims the district, which has about 70 police officers, failed to train its officers on procedures regarding off-campus criminal activity, use of weapons, use of force, and communication with other law enforcement agencies.

"Even after the tragedy of Nov. 12, 2010," Lopez says, "NISD has not trained its officers on its procedures relating to actions officers should take when witnessing an offense occurring off campus."

She seeks punitive damages for civil rights violations, supervisory liability and negligence. She is represented by Wallace Brylak.
ohkimosabe 14th-Sep-2011 06:21 pm (UTC)
I don't think there's any reason to shoot an unarmed 14 year old.
24_24_1_1526 14th-Sep-2011 06:25 pm (UTC)
only if he is brown apparently...
othellia 14th-Sep-2011 06:47 pm (UTC)
I don't think there's any reason to shoot an unarmed person, let alone a 14 year old.
chaya 14th-Sep-2011 06:27 pm (UTC)
No excuse.
dorawa 14th-Sep-2011 06:29 pm (UTC)
the boy punches his classmate in the face and gets shot to death. yeah, that makes sense. jesus, no excuse.
erunamiryene 14th-Sep-2011 06:34 pm (UTC)
A fight at a bus stop ends in a fucking SHOOTING? Holy fucking SHIT.

This woman's a better person than me, because I'd find this asshole and beat his fucking face in. Fuck this "suing" bullshit; I'd rather maim you for life, you bastard.
masakochan 14th-Sep-2011 07:22 pm (UTC)
I'm wondering why in the fuck they still hadn't fired the guy after he's had that offenses on his record.
sesmo 14th-Sep-2011 09:54 pm (UTC)
We call that "deliberate indifference" and also "massive liability." Answer: Because they are idiots.
celtic_thistle 14th-Sep-2011 10:54 pm (UTC)
Cop culture, in my opinion. I'm willing to bet there are PLENTY of cops on that force--and everywhere--who think this asswipe did nothing wrong.
ninasafiri 14th-Sep-2011 07:25 pm (UTC)
Seriously what the fuck. WHY DOES THIS MAN STILL HAVE A JOB AS A POLICE OFFICER?
shadwrayvn 14th-Sep-2011 07:44 pm (UTC)
*sighs* This pissed me off when I first heard about it here in San Antonio but the worst part is I'm really not surprised by this.... how sad it that? This poor family lost their son because of a trigger happy clearly unsuited officer!
angelofdeath275 14th-Sep-2011 07:50 pm (UTC)
the cop had been reprimanded 16 times in the previous 4 years, suspended without pay 5 times, and "recommended for termination for insubordination," but the school kept him on the force "without remedial training."

Has to be white w/ that record.
masakochan 14th-Sep-2011 09:15 pm (UTC)
That, most likely, answers my question on why he hasn't been fired yet, and wouldn't suprise me.

AND, YOU KNOW HE'S JUST A GOOD OL' BOY AT HEART.
angelofdeath275 14th-Sep-2011 10:26 pm (UTC)
Theres noooo way in hell a PoC officer would have that record. Their chances at being a cop again would be shot after maaay be being reprimanded 5 times.
masakochan 14th-Sep-2011 11:14 pm (UTC)
Exactly. A PoC with that kind of record, trying to continue being a police officer would have a lot of whites clutching their invisible pearls. White guy: Pfffft- "oh just 'im in. He's just messed up a few times."
masakochan 14th-Sep-2011 11:14 pm (UTC)
just let* 'im in
vanishingbee 14th-Sep-2011 09:09 pm (UTC)
In this type of situation, I really think that charging the officer with some form of a murder charge is totally in line.

keep dreaming.gif
sankaku_atama 14th-Sep-2011 09:14 pm (UTC)
Probably the only reason this cop wasn't on the raiding teams, where the real trigger-happy assholes go, is because of his insubordination.

He still should have been fired, and even brought up on criminal charges, long before this tragedy.
moropus 14th-Sep-2011 10:03 pm (UTC)
Ya think?
sankaku_atama 14th-Sep-2011 10:11 pm (UTC)
Actually, no. What I think is that this cop is akin to a rabid fucking dog, and the only thing that can be done with rabid animals is put them down. Kill them. End their threat to everyone, completely and unequivocally.

But, of course, that's neither popular nor practical.
kiri_l 14th-Sep-2011 11:31 pm (UTC)
well it isn't popular .. usually. Practical otoh...
poetic_pixie_13 15th-Sep-2011 03:11 am (UTC)
I hope she wins every single penny and that bastard looses his jobs and is convicted for the murder he committed.
romp 15th-Sep-2011 06:21 am (UTC)
Good for her. Someone signed off on letting this man carry a fucking GUN after showing that he was completely unable to handle his job.
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