Representative of police shooting victim files suit against city and RRPD

Celina Roybal, representative of the Wrongful Death Estate of the deceasedJohn Paul Romero, filed a law suit against the city of Rio Rancho and the Rio Rancho Police Department for wrongful death, negligence and civil rights violations on Dec. 18.

Romero was shot and killed by police Jan. 26, 2022, during a domestic violence incident. Body cam footage was shared in a previous story written by the Rio Rancho Observer and may be disturbing for some.

Information from the 911 call indicated that a man was acting violently toward his family members and was armed with two knives. He had knocked down a door when officers arrived and appeared to lunge at the officers with a machete in the body cam footage.

Officers attempted less-lethal means, including a Taser, to stop him from his continued threat. The officers also shot the man, which stopped his action. Romero was pronounced dead on scene after the shots occurred.

Roybal writes in the suit that the city and RRPD should have sovereign immunity waived because the actions cited have to do with bodily injury and death.

She details where the officers were at fault.

“The officers rushed to the bedroom where Jon Paul could be seen sitting on the door, positioned on the floor of the bedroom. Jon Paul was not assaulting the resident when officers arrived, merely hitting the door. The officers immediately shot Jon Paul with Tasers without first demanding that he drop his weapon. In about one second, without waiting for the Taser charge to take effect and while Jon Paul was still on the ground, one of the officers yelled out, ‘Shoot him!'” Roybal states in the suit.

“Having heard the officer’s command to shoot, realizing the officers intended to discharge their weapons, Jon Paul turned towards one of the officers. The officers each emptied nearly a dozen rounds of ammunition into Jon Paul, shooting him in the head,” she continued.

Roybal adds that the officers continued to shoot Romero even after he was already subdued and “defenseless.”

“The residents can be heard subsequently pleading, in disbelief: ‘Did you shoot him?! Did you shoot him?! They shot him!,'” Roybal added.

Her main points are that the officers did not follow policy and failed to warn Romero of their actions.

“Jon Paul, who suffered from mental illness, was unnecessarily shot to death,” she stated.

Roybal also claims that the officers violated the Civil Rights Act by shooting Romero.

“Sergeant David Portis and Officer Justin Gurule used objectively unreasonable, deadly force by shooting Jon Paul Romero, resulting in his untimely and tragic death,” she stated.

However, according to Observer archives, the officers responding were officers Gurule, Anthony Benavidez and Cpl. Anthony Tortorici.

Roybal asks that the officer’s employers be held responsible as well because the officers were acting while on duty and while employed by the city and RRPD.

“Plaintiff respectfully requests judgement in his favor and against Defendants in an amount sufficient to compensate him for all damages available under the Wrongful Death Act, pre-judgement and post-judgement interest, attorney’s fees and costs incurred in this action, and for such further relief as the court deems just and proper,” she stated.

A response to the suit has not been filed by the city nor the RRPD. The city said they have not been formally served yet.

“The city’s standard policy is we don’t comment on pending litigation,” city Public Information Officer Jaley Turpen said.