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Article posted Jul 18 2013, 12:29 PM Category: Tyranny/Police State Source: Courthouse News Print

Judge Rules Cop Who Shot and Killed Unarmed 14-year-old Hiding in a Woodshed After a Fistfight May Have Used Excessive Force

by Bonnie Baron

SAN ANTONIO, Texas (CN) - A police officer for a Texas school district may have used excessive force in fatally shooting a teenager who fled the scene of a fistfight, a federal judge ruled.    

  Denys Lopez Moreno sued Officer Daniel Alvarado, Police Chief John Page and the Northside Independent School District in September 2011 for the death of her 14-year-old son, Derek Lopez.  

    The incident unfolded on Nov. 12, 2010, when Lopez allegedly exited a school bus and, in view of Alvardo, punched another student.  

    Lopez ignored Alvarado's order to freeze and fled the scene with the school officer tailing him in a patrol car, according to the amended complaint.    

  With Lopez hiding in a shed at a nearby home, Alvarado drove back to the scene of the fight but allegedly refused to give up the search.   

   "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," the complaint states.   

   Local homeowners then directed Alvarado to the shed, Moreno claimed.   

   "In violation of NISD police department procedures, Alvarado drew his weapon immediately after exiting the patrol car," the complaint states. "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."

     Moreno said the officer had a history of disregarding orders.

     "In approximately a four (4) year period leading up to the shooting, defendant Alvarado had been reprimanded sixteen (16) times," according to the complaint. "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."  

    U.S. District Judge Xavier Rodriguez granted the school district and Page summary judgment on Friday, but he refused to dismiss the claims of excessive force and negligence against Alvarado.

     "In this case Alvarado testified that he saw an individual (later identified as Derek) strike another (later identified as Chris Avilez) about three times at a bus stop," the orderstates (parentheses and brackets in original). "He testified that he thought a misdemeanor assault had taken place. He placed the victim in his patrol car. A fact issue exists as to whether Alvarado was able to determine Derek's age and the age of the victim, while that person was in his patrol car. When Alvarado arrived at the house where the shed was located, Alvarado testified that Derek posed no threat to the homeowner; that if he thought Derek was violent it would have been prudent for him to wait for backup; that at the moment he unholstered his weapon Derek posed no threat to him; and he drew his weapon because he thought that Derek could pose a threat by using some object in the shed as a weapon. Alvarado testified that at no time did he see Derek with any gun or knife. Alvarado further testified that after the shed door hit his face, he 'felt that [Derek] was coming after me, so I - I took the shot.' Alvarado never saw Derek grab for any weapon.   

   "An officer cannot use deadly force without an immediate serious threat to himself or others. Here, genuine issues of material fact exist as to whether there was such an immediate threat."     

 Northside ISD is the fourth largest district in Texas and encompasses the northwest section of San Antonio, according to its website.      The school district attracted national attention last year when a father challenged its program for tracking students with chip-embedded identification badges. The San Antonio Express-News reported on Monday that the district has ditched the program.





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Comments 1 - 4 of 4 Add Comment Page 1 of 1
Anonymous

Posted: Jul 19 2013, 7:20 AM

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125237
"MAY" have used excessive force? "MAY"? Is there actually a doubt? Or are they looking at a finding of "necessary force" and getting people mentally prepared for that?

And "remedial training"? How does that go? Bad boy! If you kill an unarmed child, we'll show you how to cover your tracks!?

Accountability? People who kill unarmed children are usually charged with murder!
Anonymous

Posted: Jul 19 2013, 9:52 AM

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75145 The "good Samaritans" who have directed the killer with his gun in the hand, to the scared unarmed boy trying to hide, are also worth mentioning.
Anonymous

Posted: Jul 20 2013, 8:44 AM

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7630 What a cretin. This LEO's I.Q. had to be way below that of his victim. This LEO asshole was exhibiting sociopathic stalking behavior. I would draw a parallel between his actions to those of a serial killer. He was probably sexually aroused when he murdered this young man for doing the same thing that he had done himself as a child. The police department should have obtained samples from his underwear in order to determine if there was any ejaculate on them. Then again, this perverted fuck probably does not wear any underwear...it makes it easier to whip it out to molest the young boys that he chooses not to kill (the unlucky ones). As far as his superiors go, they must get their own perverted lust fulfilled just from reading and discussing his police reports. Hitler always kept these type of perverted sociopaths around him all the time.
Anonymous

Posted: Jul 28 2013, 10:17 PM

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7487 What this country needs is another revolutionary or civil war. Wake up people. King George's troops/police/royal police did similar atrocities to people in the U.S until the Revolutionary War. Unless people fight back and start on a mass scale rise and fight with arms these law enforcement agencies all over the country this country will soon fall into a full scale totalitarian regime/military regime, yet it seems people are so afraid and submissive like sheep to the slaughter that is not likely. Police are not gods among us. When government starts engaging in atrocities against the people, that government, police, sheriff is no longer legitimate. In a better world these corrupt LEO's would become code 10-00s however people no longer believe in fighting tyranny, no longer have the will to rise up against tyranny. Homeland Security is very similar to the Third Reich in nazi Germany. Much leglislation passed patriot act and so on is much similar to laws passed the the Third Reich before Nazi Germany launched its death regime, this country is sadly going down path.




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