Murder charges have been dismissed against a former Stanislaus County sheriff's detective for shooting a woman to death, but the victim's family is proceeding with a wrongful death lawsuit naming the detective and other defendants as responsible, as reported by The Modesto Bee.
The victim, R.E., was fatally shot by K.A. last year in Modesto during a confrontation where the victim had armed herself with a BB gun.
Though the murder charges were dismissed - second-degree murder and voluntary manslaughter - Superior Court Judge Ricardo Cordova ruled that K.A. would still face charges of conspiracy to commit unlawful evictions, embezzlement, growing marijuana and child endangerment.
Former detective, K.A., the Stanislaus County, the sheriff and three more defendants are named in the lawsuit.
A professor at the University of the Pacific's McGeorge School of Law in Sacramento, Michael Vitiello, thought in light of the ruling on the criminal case, the family may now need to re-evaluate the strength of their case and possibly lessen amount of monetary damages sought.
Vitiello said, "In a pragmatic sense, it does weaken (the civil case) to some degree. You have a judge saying the case (for murder) wasn't strong enough. That may realistically reduce the judgment in a civil case."
Attorney Lawrence Niermeyer is representing the victim's family and was unable to be reached for comment.
On September 24, 2010, R.E. was shot three times in the chest by K.A., during an altercation in front of a duplex - owned and managed by K.A. and her parents - on Donald Street.
Authorities contend that K.A. was in the process of unlawfully evicting R.E. when their meeting escalated into an argument and subsequent shooting.
The lawsuit states that K.A. was conducting official property management, as a law enforcement officer, for financial gains for both herself and her parents.
Sheriff A.D. is named in the suit as he knew, as a detective, that K.A. "lacked the skill, training, intelligence, control and knowledge."
But John Doering, the County Council, said, "Ms. (K.A.) was off-duty, her actions did not involve the county at all."
Also named in the suit are the property manager, J.F., and K.A.'s parents, J.A. and D.A.
Vitiello said that though the murder charge was dismissed it was only because the state couldn't meet the standards required for a conviction. He further stated that a civil lawsuit has a lowered standard to meet and that "Legally, there's nothing right now to stop the civil case from proceeding."
But defendants or plaintiff could seek a summary judgment based on lack of evidence. That decision, per Vitiello, would be up to a judge but he believes that "At this point, that's premature. There's certainly no reason (for the plaintiff) to run and hide now."
Loosing a loved one in a wrongful death scenario, meaning that the death was preventable, is grounds for a lawsuit. Click here for our directory and contact a personal injury lawyer near you today for help!