Lawyer: Villanueva still has case against El Paso County after Feb. 5 shootout
After the 4th Judicial District Attorney announced on Tuesday that February’s fatal officer-involved shooting was justified, many are wondering what that means for the innocent bystander caught in the crossfire.
Thomas Villanueva was shot by a single bullet from the man authorities were trying to arrest, Manuel Zetina. It left Villanueva paralyzed from the chest down. Months after the shooting, but before we knew Zetina’s bullet hit the innocent bystander, Villanueva sent a notice to the City of Colorado Springs and El Paso County that he was going to file a lawsuit against them for the injuries he received the day of the shooting.
However, after Tuesday’s announcement that law enforcement did not shoot Villanueva, does he still have a case against the City and County?
Colorado Springs criminal attorney Jeremy Loew says, Villanueva “absolutely” has a case, but added that it would have to be a civil lawsuit since no criminal charges were brought forward. Loew says, “He’d be suing for essentially a tort of assault because he was injured as a result of somebody’s actions.”
Adding that just because nothing criminal happened doesn’t mean he can’t still be compensated.”What’s changed is that the district attorney’s office is that law enforcement didn’t do anything wrong criminally,” Loew says, “that doesn’t mean they didn’t do anything wrong civilly.”
But it will not be an easy battle. Loew says Villanueva’s attorney will have to prove to a jury that the officers and deputies involved did not follow safe and proper procedures. During Tuesday’s news conference, District Attorney Dan May said his role wasn’t to comment on the tactics used.
“There is going to be a lot of officers that are going to testify about how they used the appropriate amount of force and they were trying to protect the community,” Loew says, “but that doesn’t necessarily change things.”
We spoke to Villanueva’s attorney after the District Attorney’s briefing and they say they cannot comment on the lawsuit. We also reached out to Villanueva who says he also cannot comment.
