Mother Sues Several in Shooting Death of Son

The Daily Record in Denville New Jersey is reporting that the mother of a 21-year-old man killed by Officer Richard Byrne, has also named the Township of Denville, Morris County, the police academy and other officers in a wrongful death lawsuit.

Ruben W. Martinez II died on June 26, 2008 after being stopped in his vehicle for a speeding violation by Denville patrolman, Officer Byrne. 

Besides Officer Byrne, Maureen Miles, Martinez's mother and the named administratrix of his estate, is suing Officers Daniel Fernandez and Police Chief Christopher Wagner.  She also holds Morris County and Morris County Police Academy responsible.

Shelley Lynn Stangler, the attorney for Martinez's parents, said, "Primarily, this will be a case about proper police procedures. Was it unjustifiable or excessive force,"  Stangler also added, "The family remains very depressed and upset."

A Morris County grand jury has already found that Officer Byrne was justifiable under the circumstances in shooting Martinez.

A scheduling conference is set with federal Magistrate Madeline C. Arleo for November.

On Franklin Road at approximately 2:14 a.m. on June 26, 2008, Martinez - in Morris County with plans to visit his family and attend the high school graduation of his brother - was pursued by Officer Byrne when he failed to pull over for speeding.

Martinez lost control of his vehicle and ended up with his car partially on the side of the road and on a sidewalk.

According to a videotape of the incident, and police accounts, at first Byrne attempted to get Martinez out of his vehicle, but, when Martinez ignored him, Byrne got into Martinez's passenger seat.

Officer Fernandez, also at the incident, is seen knocking Martinez's head against the door frame of the car in an attempt to force him out. 

Martinez managed to get his car in gear, pull away, but with Byrne still in the passenger seat. Byrne then shot him as the car sped down the road again.

Autopsy reports showed marijuana in Martinez's bloodstream and a blood-alcohol of .16 percent. In New Jersey the legal limit is .08.

Maureen Martinez has claimed the loss of the services, care, companionship and support of her son. She is also claiming that both Officers, Byrne and Fernandez, were poorly trained and should have used different tactics that would have prevented her son's death.

The lawsuit states, "In particular, proper policy and procedure would not have permitted a police officer to jump inside a car and to attempt to effectuate a stop in the manner attempted herein.  There are much more effective and safe methods available, including but not limited to, dismantling the vehicle from the outside, stopping the vehicle by the use of blockade or cut-off, or effectively shutting down the ignition and subduing a terrified young man."

Byrne has been approved by the state pension board for an accidental disability retirement of $66,346 per year for life, as he sustained a shoulder injury when Martinez's car crashed after the shooting.

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