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.
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Brazoria County deputy shoots, kills Texas State University student after car chase, report says
BRAZORIA COUNTY, Texas – A Texas State University student was shot and killed by a Brazoria County Sheriff’s deputy early Monday morning after an attempted traffic stop in Lake Jackson.
The news was first reported by The University Star, Texas State’s student-run newspaper.
In a Tuesday statement to KSAT, the university identified the student as John Gabriel Mendoza Jr., 18. He was a freshman who studied management, according to the school.
“We extend our heartfelt condolences to his family, friends, classmates, and all those affected by this tragedy,” the university said in its statement.
Deputies attempted a traffic stop on a vehicle just after midnight Monday near Farm-to-Market 2004 and This Way Street in Lake Jackson, the sheriff’s office said.
The driver of the vehicle, who was identified as Mendoza by The University Star, did not stop, deputies said. The deputies then chased after the vehicle for approximately a mile into a neighborhood located in the 100 block of Indian Warrior Trail.
According to the sheriff’s office, the driver went inside a home’s garage and parked before a deputy approached the vehicle, the release said.
The deputy then pulled out his firearm and shot into the vehicle. The sheriff’s office said the gunfire struck the driver.
The University Star reported that Mendoza was the one shot. He was taken to a hospital, where he was later pronounced dead.
The deputy who pulled the trigger has since been placed on administrative leave in accordance with the Brazoria County Sheriff’s Office policy.
KSAT reached out to the Lake Jackson Police Department and the Brazoria County Sheriff’s Office for more information, but neither agency has responded at this time.
The shooting investigation is being led by the Texas Rangers, according to a Brazoria County Sheriff’s Office news release.
This is a developing story. Check back for updates.
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