Texas
Federal judge awards nearly $2M after ruling FBI agent was negligent in fatal shooting of abducted Texas man
A federal judge awarded nearly $2 million in damages after determining that an FBI agent was negligent when he shot and killed a kidnapped Texas man during a botched rescue effort.
The mother and son of Ulises Valladares, 47, were awarded the money as part of a civil lawsuit filed in Houston federal court alleging the man was helpless while he was bound and blindfolded when FBI agent Gavin Lappe shot him in January 2018 as agents entered a home where he was being held captive.
Lappe told investigators he only fired his gun when he suspected that a kidnapper had grabbed his rifle after the agent broke a window to enter the home and did not know he was shooting Valladares.
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Ernesto Valladares, brother of Ulises Valladares, is interviewed on Friday, Jan. 26, 2018 across from his brother’s home, the location where he and his son were held hostage days earlier. (AP)
But U.S. District Judge Kenneth Hoyt in Houston found that Lappe “was negligent, even grossly negligent, in his response” during the rescue attempt, and ruled that the agent was the sole cause of Valladares’ death.
Hoyt said Lappe shot at a silhouette in the window without confirming who he was shooting at and that he fired his weapon despite no direct threat to him or another agent nearby.
U.S. District Judge Kenneth Hoyt found that the agent “was negligent, even grossly negligent, in his response” during the rescue attempt. (iStock)
Lappe was protected against the lawsuit through qualified immunity, which shields law enforcement from liability for wrongdoing. But the case was allowed to move forward against the federal government, which is not protected from liability.
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FBI agent Gavin Lappe was protected against the lawsuit through qualified immunity, which shields law enforcement from liability for wrongdoing. (iStock)
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Former Houston Police Chief Art Acevedo previously said Lappe’s explanation for shooting Valladares is not backed up by evidence reviewed by police investigators.
The Associated Press contributed to this report.
The overseas death of a U.S. Army soldier from Central Texas is under investigation, the Department of Defense announced Wednesday.
Sgt. Devin A. Seibel, 26, of the Waco suburb of Robinson, died Sunday in a “training‑related incident” at Erbil Airbase in Iraq, officials said.
According to the department, Seibel was an active‑duty soldier supporting Operation Inherent Resolve, the U.S.-led coalition campaign launched in June 2014 to defeat the Islamic State (ISIS) in Iraq and Syria.
Seibel was assigned to the Air Ambulance Company, 2nd Battalion, 4th Combat Aviation Brigade, in Fort Carson, Colo.
The department didn’t release any additional information.
CBS News Texas will provide updates as more information becomes available.
No. 1 seed Texas (51-12, 16-8 in SEC play) and No. 3 seed Texas Tech (61-8, 21-3 in the Big 12) begin their three-game series at 8 p.m. ET Wednesday in Oklahoma City. Each
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