Ad
Featured
Man suing police, city in federal court over 2022 Walmart shooting
Published
Modified
A man is suing the city of Rio Rancho, Rio Rancho Police Department and specifically Chief Stewart Steele, Officer Christopher Ault and Officer Justin Salido in New Mexico's U.S. District Court.
According to court records from the federal court, Cheyne Estrada is suing for damages he believes he is owed because police allegedly didn't properly announce themselves when shooting at him in Walmart's parking lot two years ago.
Estrada, age unknown, of Sandoval County, was initially charged with aggravated assault upon a peace officer, aggravated fleeing law enforcement, attempt to commit a felony (receiving/transferring a stolen motor vehicle), resisting evading and other minor charges in the shooting Aug. 13, 2022, at the Walmart.
Observer archives show that Estrada reportedly pulled a gun from his car after RRPD officers approached him on a call of suspicious vehicle and fired at the officers. The officers retreated, then returned fire. When they fired back, Estrada jumped in his car and fled toward Albuquerque.
Officers are heard saying, “Hey stand right there.” Then the officers sprint to Estrada’s driver’s side, tried to pull him out of the car, yelling “Get out, get out.”
In an interview with police after his arrest, Estrada admitted that he knew police were trying to stop him.
Estrada filed a civil complaint with the 13th Judicial District Court in March, saying police did not announce themselves before firing back at him. That case was transferred to federal court Aug. 30.
"Because defendants' actions were motivated by evil motive or intent, and/or involved a reckless or callous indifference to the protected rights of plaintiff, an award of punitive damages is appropriate to the fullest extent permitted by law," it reads in Estrada's complaint.
He demands damages in the form of compensatory, hedonic and punitive damages be paid. He also asks for fair judgement and relief for attorney's fees.
According to the Department of Justice, deadly force, meaning the use of a weapon, is only feasible if death or great bodily harm is threatened by the subject's behavior. However, in regard to announcing presence before using deadly force, the DOJ says, "If feasible and if to do so would not increase the danger to the officer or others, a verbal warning to submit to the authority of the officer shall be given prior to the use of deadly force."
A verbal warning from police before using deadly force is a statement that indicates the officer will use force if the subject doesn't comply with a specific command. The purpose of a verbal warning is to give the subject a chance to voluntarily comply with the officer's commands and warn other officers and bystanders that deadly force will be used.
Ad
Additionally, officers are supposed to be trained to de-escalate a situation before force is used.
"Officers will be trained in de-escalation tactics and techniques designed to gain voluntary compliance from a subject before using force, and such tactics and techniques should be employed if objectively feasible and they would not increase the danger to the officer or others. When feasible, reducing the need for force allows officers to secure their own safety as well as the safety of the public," it reads.
The city and police being sued demanded a jury in the judicial case. However, it was also at their request that the case be moved to federal court.
Rio Rancho Public Information Officer, Jaley Turpin says the city does not comment on pending litigation. At the time of this publication, police have not responded.
