Pubdate: Wed, 30 Jan 2002
Source: Modesto Bee, The (CA)
Copyright: 2002 The Modesto Bee
Contact:  http://www.modbee.com/
Details: http://www.mapinc.org/media/271
Author: Michael G. Mooney

SEPULVEDAS SETTLE FEDERAL LAWSUIT OVER DEATH

The family of an 11-year-old Modesto boy killed during a SWAT raid has 
agreed to a $450,000 settlement in a lawsuit against the federal 
government, a lawyer for the family confirmed Tuesday.

Lawyers for the Sepulveda family and government reached the agreement after 
marathon talks last week. The family's legal action against the city of 
Modesto and police officers is still pending.

The Sepulvedas' deal with the U.S. government could make it difficult for 
the city to win its own lawsuit against the federal government over the 
death of Alberto Sepulveda on Sept. 13, 2000.

Attorney Arturo Gonzalez, who confirmed the settlement, said he expects 
U.S. attorneys to file a motion asking the U.S. District Court to recognize 
the settlement as reflecting the federal government's liability in the 
shooting death.

Should the court uphold such a motion, Gonzalez said, "Modesto's claim is 
thrown out."

The city, in its claim against the government, contends that federal drug 
agents did not provide accurate intelligence for the Police Department's 
Special Weapons and Tactics Team, which carried out the raid on the 
Sepulveda home.

SWAT officers were assisting federal agents in a drug sweep, and carried an 
arrest warrant for Alberto's father, Moises Sepulveda Sr.

Despite the settlement with the federal government, Gonzalez said the fault 
still lies with the city. "We have always felt the Modesto defendants are 
primarily responsible for the death of Alberto.

"It was a Modesto (police officer) who shot Alberto," Gonzalez said. "It 
was Modesto (officer) who detained his family and transported them to the 
police station for questioning when they had done nothing wrong."

Gonzalez said the "family is still suffering immensely as a result of 
Alberto's loss."

More negotiations expected

The family already has rejected one settlement offer from the city, and 
Gonzalez said he would continue to seek an agreement. City Attorney Michael 
Milich said Tuesday night that two sets of negotiations this month between 
the family and City Hall were "fruitful and helpful."

"We made progress in the settlement discussions," Milich said, "and 
consider them to be ongoing. We intend to go back before the federal 
magistrate sometime in the near future to continue, but we don't have a 
definite date."

Neither side has revealed dollar amounts.

The early-morning raid occurred on McAdoo Way in the Highway Village 
neighborhood in northwest Modesto.

SWAT officers made their way into Alberto's bedroom and ordered him to lie 
face-down on the floor. Officer David Hawn's shotgun went off and killed 
the seventh-grader.

Investigations by state Attorney General Bill Lockyer and Stanislaus County 
District Attorney James Brazelton declared the shooting an accident, and 
cleared Hawn of negligence and criminal wrongdoing.

"The federal government didn't shoot Alberto," Gonzalez said. "The federal 
government didn't detain the family."

In their discussion with police prior to the raid, federal agents said they 
did not know if children were in the Sepulveda home, Gonzalez said.

"At that point," Gonzalez said, "Modesto police officers should have gone 
to check it out themselves. They didn't."

The Sepulveda family subsequently filed wrongful-death lawsuits against the 
city, Hawn, other officers and the federal government.

Assistant U.S. Attorneys Edmund Brennan and Catherine J. Cerna echoed 
Gonzalez's statements about the $450,000 settlement.

"We feel it is a fair and appropriate resolution of the case," Cerna said.

Similar case in Dinuba

Gonzalez and lawyer Robert Y. Chan, who filed the lawsuit against Modesto, 
are the same legal team that won a $12.5 million jury verdict for a Dinuba 
family after 64-year-old Ramon Gallardo Sr. was shot as many as 15 times 
during a July 1997 police raid. That case was appealed, and the city of 
Dinuba later settled for $6 million.

In that case, Dinuba police were helping Visalia police serve a search 
warrant. They were looking for a gun used in an attempted murder in Visalia.

Gonzalez said Visalia filed a motion similar to the one that he expects the 
federal government to file in the Sepulveda case. Visalia's motion 
succeeded in limiting that city's liability to $150,000.

The Sepulvedas' lawsuit against the city is scheduled to go to trial in July.

Gonzalez said the family is seeking a summary judgment on one part of the 
lawsuit. They will go to federal court Feb. 25 to ask a judge to declare 
that Modesto police violated the rights of family members in arresting them 
the morning of the shooting.

Drug charges against Sepulveda Sr. remain in place, Gonzalez said, although 
the lawyer said he remains hopeful that federal prosecutors will dismiss 
the case.

If not, Gonzalez said, jury selection will begin March 12 in federal court 
in Fresno.

Even if the charges are not dropped and Sepulveda ultimately is convicted, 
Gonzalez said the family would be able to keep the $450,000 settlement.

That is because the money was not derived from any illegal venture, he 
said, such as the manufacturing and distribution of drugs.

Bee staff writer Garth Stapley and Fresno Bee staff writer Jerry Bier 
contributed to this report.
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