Los Angeles County attorneys argue that the county is not liable for the death of one of the El Monte police officers who were fatally shot by a convicted felon. In court papers, the attorneys state that the slain officer assumed the risk of injury.
The incident occurred on June 14, 2022, when Officers Joseph Santana and Michael Paredes responded to a stabbing report at Siesta Inn. They rescued the victim but were shot to death by Justin Flores.
Santana’s relatives have filed a wrongful death lawsuit against Los Angeles County, District Attorney George Gascón, the county Probation Department, and the motel. The defendants’ attorneys have filed court papers seeking dismissal of the claims.
The county attorneys assert in their court papers that the county defendants are immune from civil liability for Santana’s death, regardless of whether the plaintiffs can present a viable cause of action. They highlight that the issue lies in determining whether the defendants can be held civilly liable for Flores’ criminal actions, rather than judging the deplorability of those actions.
The county lawyers further argue that if the plaintiffs’ theory were accepted, where the government and its officials are held liable for all consequences of a crime if the criminal could have been imprisoned longer or had their probation revoked earlier, it would have unimaginable and unacceptable implications.
The attorneys also emphasize that Santana, as a police officer, assumed the inherent risks associated with his profession and was aware of the dangerous nature of the location where he was killed.
According to the filed lawsuit, Flores, who was 35 years old, had been placed on probation in 2021 after being arrested in 2020 for being a felon in possession of a firearm and methamphetamine. The suit states that Gascón prevented the prosecutor from filing a strike allegation against Flores, disregarding California’s “three strikes” law that requires pleading prior known strikes.
Had Gascón followed the law, the suit claims that Flores would have been sentenced to prison. The suit also reveals that Flores only had one check-in with his probation officer, while monthly check-ins were mandated. Additionally, the Probation Department failed to initiate a desertion proceeding, which would have resulted in a probation revocation as required by their policies.
The suit further alleges that Flores was found in illegal possession of a firearm and had assaulted a woman, but this information was not reported to law enforcement. The probation officer filed for probation revocation one day prior to the shootings, but Flores was not taken into custody. Flores died by a self-inflicted gunshot wound to his head.
A hearing on the motion to dismiss filed by the county defendants is scheduled for August 10.
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