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LOS ANGELES (CNS) - Although a Los Angeles police officer contends that he shot a 22-year-old man in self-defense when he and his partner responded to a 2018 assault with a deadly weapon call and found two people sleeping on a driveway in Montecito Heights, a judge has ordered that a lawsuit filed by the decedent's parents can go to trial.
Alfredo Escobedo and Elizabeth Medrano, the father and mother of the late Christian Escobedo, are seeking unspecified damages on additional allegations of battery and civil rights violations in their Los Angeles Superior Court lawsuit brought in December 2019.
On Thursday, Judge Joseph Lipner denied a motion by the city and LAPD Officer Edward Artiaga to dismiss all or part of the suit.
"When a suspect who may have a firearm is asleep, LAPD training instructs officers to communicate with such suspects at a distance for safety and to anticipate that the suspect may be startled upon waking," the judge wrote.
Although Artiaga contends that Escobedo was awake the entire time, a jury should decide whether Escobedo was sleeping because the decedent did not move or react when Artiaga yelled at the two men two get up, Lipman further wrote.
"A jury could quite reasonably conclude that this is not the behavior of a man who is awake," according to the judge, who also noted that the second man got up and ran.
In April 2019, the District Attorney's Office released a report which concluded that Artiaga shot Escobedo in self-defense about 6:30 a.m. on Jan. 14, 2018. A pistol was found near Escobedo's left knee, according to the report, which said he suffered five gunshot wounds, including one to the head and another to the right upper chest.
In a sworn declaration, Artiaga elaborated on his self-protection claim.
"I was afraid that (Escobedo) was taking aim to kill me," Artiaga said. "I backed away quickly from (him) while firing five consecutive rounds in rapid succession at him. At the time I fired, (Escobedo) was pointing the gun at me and I was looking at the muzzle of (his) gun."
Artiaga further said that within two minutes of firing, he asked for an ambulance.
"However, (Escobedo) was determined to be deceased by paramedics and was not transported to the hospital," Artiaga said.
Artiaga said that because the radio call indicated that a person on Amethyst Street was armed with a gun, he suspected an assault with a deadly weapon may already have occurred. He said when they arrived, Escobedo appeared to be asleep and that a second man ran from the scene with Artiaga's partner in pursuit.
Artiaga said he ran up the driveway holding his pistol and saw Escobedo on his back with his right hand on his waistband and holding a handgun.
"I sent out a broadcast requesting backup, an airship and a supervisor," Artiaga said. "I then began yelling, `Hey partner, partner, partner, partner ...,' as (Escobedo) simultaneously sat up and turned in my direction."
Artiaga said he told Escobedo not to move, but that Escobedo ignored the command. Escobedo turned his upper torso and head towards the officer while moving his right hand with the gun from his front waistband area to the right side of his torso and closer to Artiaga, according to the officer, who further said the shooting then ensued.
But in their lawsuit, the plaintiffs allege that instead of following his LAPD training that called for better communication with his partner about how they could gain a tactical upper hand, Artiaga instead put himself at a disadvantage and was "unprepared and uncoordinated" when he confronted and shot Escobedo.
The suit further alleges the shooting was unprovoked and that Escobedo was not a threat to Artiaga. Trial is scheduled Feb. 10, 2025.