Pubdate: Fri, 16 Feb 2007
Source: Victoria Advocate (TX)
Copyright: 2007 Victoria Advocate Publishing Company
Contact:  http://www.thevictoriaadvocate.com
Details: http://www.mapinc.org/media/671
Author: Barry Halvorson, Victoria Advocate
Bookmark: http://mapinc.org/people/Daniel+Castillo

FAMILY: WHARTON TEEN SHOT BY POLICE WAS UNARMED

More Than 100 People March in Protest of the Killing

WHARTON - The family of the 17-year-old boy shot and killed while law 
enforcement officers were serving a search warrant at his home on 
Tuesday said Thursday he was unarmed when the incident happened.

"We want to get answers and we want justice," said Lydia Garza, who 
is Daniel Castillo Jr.'s aunt "He was asleep when they entered his 
room and he was shot in the face when he was just a few feet apart 
from the police officer. It is horrible what happened."

Garza, who is also serving as the family's spokesperson, said the 
family has contacted the FBI to ask them to look into the shooting in 
part because of the lack of information being provided by the Wharton 
County district attorney's office or the Wharton Police Department.

"We requested a police report and they said it was still under 
investigation so they couldn't give it to us," Garza said. "They 
haven't told us anything."

The LULAC has been providing support for the family. District 8 
Director Rick Dovalina said the lack of available information is 
disturbing to him based on past experiences, which is why the group 
requested the FBI become involved.

"I think it is suspicious that it has taken such a long time and the 
DA hasn't issued a statement," Dovalina said. "In this case, they are 
holding tight. My experience is that when an officer is defending 
himself against attack, the DA will be quick to issue a statement. In 
this case, the family said he was shot once under the right eye. 
Usually, an officer is going to shoot to kill and fire four or five 
shots to the chest. That isn't what we are being told."

District Attorney Josh McCown and the Wharton Police Department have 
declined to discuss the case other than to say the investigation is 
ongoing. On Thursday, McCown did say drugs were found in the home but 
would not say what type of drugs or the quantity. He also confirmed 
his office had been contacted by the FBI.

The search warrant was signed by Wharton County Justice of the Peace 
Precinct 1 Jeanette Krenek and was based on an affidavit prepared by 
Tommy Johnson of the Wharton County District Attorney Task Force.

In the affidavit, Johnson wrote a confidential informant had observed 
a "David Castillo," identified elsewhere in the document as Danny 
Castillo, and another person selling crack cocaine from the home and 
packaging crack cocaine for sale.

Johnson said in the affidavit that surveillance of the house showed 
people were coming to the home, staying a short time and then 
leaving, which he wrote is "common with someone who is selling 
narcotics" based on his prior experience.

The police department has released the name of the officer involved 
in the shooting. Police Capt. Richard Coleman said the officer Don 
Falks has spent all six-years of his law enforcement career with the 
Wharton department.

In discussing the family's version of what happened, Garza said the 
police forced open the front door of the family's home at 1409 Sunset 
on Tuesday morning and then moved into a bedroom that was shared by 
the victim and his sister, Ashley Castillo, and her child.

"They heard a noise and Ashley got up and was holding her baby when 
they came in the room," Garza said. "The officer trained his gun on 
her and she said 'don't shoot my baby.' Danny woke up and was getting 
out of bed when the officer turned and shot him and then trained the 
gun back on Ashley."

To put additional pressure on the police department and DA's office, 
the family organized a candlelight vigil on Wednesday night and a 
demonstration march on Thursday afternoon that briefly passed in 
front of the police department at 220 S. Fulton St. and the DA's 
office on Milam Street.

A rosary was held Thursday night with the funeral scheduled for this 
morning at Our Lady of Mount Carmel Church at 506 S. East Ave. The 
family has also announced a news conference would be held at noon 
today at the church.

"We're having the (Wharton County) Sheriff's Office provide the 
escort to the cemetery because right now we want nothing to do with 
the police department, Garza said. "We are expecting a lot of people 
to attend the funeral. The vigil and march were both peaceful and we 
plan to continue to bring attention to this until we get some information."
- ---
MAP posted-by: Elaine