Pubdate: Sun, 06 Feb 2000
Source: Denver Rocky Mountain News (CO)
Copyright: 2000 Denver Publishing Co.
Contact:  400 W. Colfax, Denver, CO 80204
Website: http://www.denver-rmn.com/
Author: Hector Gutierrez

VICTIM'S SON DISSATISFIED WITH INQUIRY

Heriberto Mena says more officers, authorities should be accountable

Heriberto Mena became teary-eyed Saturday when his father's shooting death
by Denver police was raised.

The oldest son of Ismael Mena said it's hard to discuss the tragedy. He
struggled to talk about the investigation that led Jefferson County District
Attorney and special prosecutor Dave Thomas on Friday to charge one officer
with perjury but clear the police SWAT members who shot his father, 45.

"I'm just confused right now," the soft-spoken 21-year-old said.

When he regained his composure, Heriberto Mena said he was satisfied that
Thomas charged officer Joseph Bini with lying in a sworn affidavit to obtain
a search warrant that led to the "no-knock" raid and his dad's slaying in
his upstairs bedroom.

However, Mena said more officers and authorities need to be held
accountable.

"To kill someone who was innocent, they need to do something with the
officers who did the shooting," he lamented.

"I think my father's life was very valuable, and they need to continue the
investigation because I don't think it was extensive enough or deep enough."

Thomas announced Friday what was commonly believed for months: that officers
raided the wrong house on Sept. 29 in search of drug dealing. Investigators
found no evidence of drug trafficking at the home at 3738 High St., where
Mena rented a bedroom with eight other renters.

But Thomas said the SWAT members were justified to shoot Mena because he was
armed with a .22-caliber handgun and fired three shots.

Roommates said they believe Ismael Mena probably was sleeping when the SWAT
team burst in. One roommate who last spoke to the victim said Ismael Mena
told him he was tired after working a graveyard shift at the nearby
Coca-Cola Bottling Co. and attending a morning court hearing.

The younger Mena arrived in Colorado late Friday and was meeting with his
lawyer, Robert M. Maes, to discuss the family's next legal step. Mayor
Wellington Webb told the city attorney Friday to quickly settle with the
family that includes Mena's wife and nine children.

Heriberto Mena and his lawyer declined to say what they planned to do, but
they expect to meet with the city attorney Tuesday.

Mena's widow and seven of her children still live in Jalisco, Mexico.
Heriberto Mena and his brother, Jose de Jesus Mena, 19, live in the United
States.
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