Relatives of one of the two El Monte police officers who were fatally shot by a convicted felon in the city in 2022 will need to strengthen their lawsuit against two Los Angeles County entities, particularly regarding an alleged breach of mandatory duty, as ruled by a judge on Monday. The judge, Los Angeles Superior Court Judge Anne Hwang, expressed doubt that the issues can be fixed but allowed the plaintiffs (family members of the late Officer Joseph Santana) 30 days to file a revised lawsuit, citing the liberal policy of amendment in the state.
Santana and his fellow EMPD Officer Michael Paredes responded to a report of a stabbing on June 14, 2022, at the Siesta Inn, where Justin Flores was staying with his wife. The officers rescued the victim but were later shot to death by Flores.
In the lawsuit, Santana’s relatives are suing Los Angeles County, District Attorney George Gascón and his office, and the county Probation Department on various grounds, including wrongful death, negligence, breach of mandatory duty, and negligence by the motel.
According to the suit filed on May 3, Flores, 35, was placed on probation in a plea deal in 2021 after being arrested in 2020 for being a felon in possession of a firearm and methamphetamine. Despite having a prior felony conviction for burglary, Gascón issued a directive prohibiting the prosecutor from filing a strike allegation against Flores, according to the suit.
The lawsuit alleges that Gascon disregarded California’s “three strikes” law, which requires prosecutors to plead prior known strikes.
Santana’s family attorneys argue that if Gascón had followed the law, Flores would have been sentenced to prison.
However, Judge Hwang noted that the complaint does not contain an allegation that the District Attorney’s Office’s decision not to implement the prior strike was the direct cause of Santana’s death.
Hwang also pointed out that after being placed on probation in March 2021, Flores was only seen by his probation officer once, even though he was supposed to have monthly check-ins. The suit claims that the Probation Department failed to initiate a desertion proceeding as required by its own policies, which would have led to a probation revocation.
The suit states that the probation officer completed a phone check-in with Flores on June 2, 2022, after learning he was in illegal possession of a gun and had assaulted a woman. However, Flores did not show up for an appointment four days later, and the probation officer never reported this information to law enforcement.
The probation officer filed for a revocation of Flores’ probation the day before the shootings, but Flores was not taken into custody. Judge Hwang noted that although Santana’s relatives allege a mandatory duty by the Probation Department to file a desertion report, the complaint once again fails to establish a direct connection between the alleged breach of a mandatory duty and Santana’s murder.
Flores ultimately died from a self-inflicted gunshot wound to the head.
Judge Hwang is set to address the county’s challenges to the allegations made by Paredes’ family in the consolidated lawsuit on October 23.
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