Pubdate: Wed, 18 Nov 1998 Source: Houston Chronicle (TX) Copyright: 1998 Houston Chronicle Contact: http://www.chron.com/ Author: Ed Asher OREGON'S KIN FILE SUIT AGAINST CITY, 6 OFFICERS Pedro Oregon Navarro's family Tuesday filed a federal civil rights lawsuit alleging six Houston police officers acted as "judge, jury and executioner" when they killed the Mexican immigrant in a botched drug raid July 12. "I think the forensic, physical and photographic evidence will clearly point to a man who was not in a position to resist, did not resist, had no reason to resist and was gunned down, indeed probably executed, without cause," Oregon family attorney Richard Mithoff said at a news conference. The suit, which asks for an unspecified amount in damages, names the city of Houston and the six officers. It blames Oregon's death on a systemwide failure of the Houston Police Department's policies in recruiting, hiring and training officers. It also alleges that HPD practices discriminate against low-income, minority neighborhoods, particularly when it comes to "authorizing a raid of a residence in a predominately non-Anglo neighborhood." "The fundamental problem here is not just with these particular officers," Mithoff said. "The problem is the underlying policies and practices and that's what we want to change. "This kind of practice does not occur in other neighborhoods, in River Oaks, in Tanglewood, in West University. "We believe we'll be able to show from their own records, as well as proof from experts, that there is a discriminatory pattern and practice." The suit, alleging the officers violated Oregon's constitutional rights, was filed on behalf of his mother, Claudia Navarro Pineda; daughters Ashley, 4, and Belinda, 2; and other family members. Police Chief C.O. Bradford has fired the six officers, calling the shooting an "egregious" case of official misconduct. Five of the officers are appealing their firings, contending their actions were justified. An internal investigation found that the officers had violated HPD policies and state and federal laws, but a Harris County grand jury cleared five of them and charged the sixth with criminal trespass, a misdemeanor. However, a U.S. Department of Justice investigation is ongoing. An HPD spokesman referred questions to City Attorney Anthony Hall, who said, "It is the judgment of every city official I've talked to that this was a tragic event, that this was not a good day for the city. "The issues that remain are obviously issues of who is legally responsible and liable for money. This lawsuit is obviously simply about money. We will be determining those issues during the course of this litigation." Hall said it is too early to speculate whether the city would settle the suit out of court. The suit alleges that several HPD policies and practices led to the shooting, including: - - "Applying or allowing a different standard in authorizing a raid of a residence in a predominantly non-Anglo neighborhood than would be applied in a predominantly Anglo neighborhood." - - Relying on unauthorized informants. - - Relying on HPD's gang task force rather than the more highly trained narcotics squad. - - Allowing lax standards in recruiting, training and supervising gang task force members. The suit describes Oregon, 22, as a landscaper and soccer coach who provided for his mother's care and "did not smoke, drink or use drugs." Mithoff said Oregon came to Houston from Mexico eight years ago and was applying for citizenship. Based on an unauthorized informant's tip that drugs were being sold at an apartment, the suit says, the officers went to Oregon's residence "as judge, jury and executioner; entered his home without a warrant and without probable cause; and fired approximately 33 rounds into the bedroom of (Oregon), pausing only to reload." Oregon never fired a weapon and no drugs were found in the apartment, the suit said, and autopsy found no trace of drugs in his body. Asked to elaborate on his comment that Oregon was "probably executed," Mithoff said, "We know he was shot in the back, that 12 shots were fired from the back, that nine were shot into his back, one on top of his head, one in the back of his shoulder, one in the back of his hand. We know he was lying on the ground. "Certainly the physical evidence points toward a planned escapade if not a totally botched escapade. "I think the facts will establish ... that this killing was totally unjustified and constituted clear excessive use of force." Paul Nugent, another attorney representing the family, disagreed with Hall that the case is only about money. "The family wants something positive to come of Pedro's tragic death," Nugent said. "They don't want other families to have to suffer the loss of a son. "Hopefully, this lawsuit can help the police department better train and better supervise its officers so they don't have violations of the law and they don't have citizens killed in their own homes." The suit has been assigned to U.S. District Judge Simeon Lake. - --- Checked-by: Patrick Henry