Current:Home > StocksMississippi officers justified in deadly shooting after police went to wrong house, jury rules-LoTradeCoin
Mississippi officers justified in deadly shooting after police went to wrong house, jury rules
View Date:2024-12-24 10:05:22
A Mississippi jury has rejected a civil lawsuit seeking money damages from two police officers who fatally shot a man while serving a warrant at the wrong house.
A federal court jury in Oxford on Thursday ruled that Southaven officers Zachary Durden and Samuel Maze had not violated the civil rights of Ismael Lopez when Durden shot him to death in 2017. The verdict came after a four-day trial in a lawsuit by Claudia Linares, the widow of Lopez, who sought $20 million in compensation.
"The verdict was that the jurors did not believe that the use of force used by Officers Durden and Maze was excessive in light of all the facts that they considered," attorney Murray Wells told CBS affiliate WREG-TV.
The case was notable in part because the city of Southaven had previously argued that Lopez had no civil rights to violate because the Mexican man was living in the United States illegally and faced deportation orders and criminal charges for illegally possessing guns.
A judge rejected that argument in 2020, finding constitutional rights apply to "all persons."
"There are a couple of huge factors at play. One was this unbelievable mistake of going to the wrong address and we felt it was just incompetent because they didn't even take the time to look at the boxes," Wells told WREG. "They went to the wrong side of the road, so that started this."
The city of Southaven and now-retired Southaven Police Chief Steve Pirtle were dismissed from the case in June after Senior U.S. District Judge Michael P. Mills found they weren't liable for the officers' actions under federal law.
According to a report by the Mississippi Bureau of Investigation, Lopez and Linares were in bed on July 24, 2017, when officers knocked on the door of their trailer. The officers were intending to serve a domestic violence warrant on a neighbor across the street, but got the addresses confused.
Officers told the state investigators that they knocked on the door without identifying themselves. The door opened, a dog ran out, and Lopez pointed a rifle through the cracked door, officers said. Maze shot the dog and then, in quick succession, Durden fired multiple shots at Lopez.
A third officer on the scene told investigators he heard Durden order Lopez to drop the rifle several times before shooting Lopez.
No known video exists of the shooting.
"Those officers used tactical maneuvers to hide themselves as police officers," Wells told WREG. "They never announced that they were police and at the end of the day Ismael Lopez was shot through a door, in the back of the head."
The 41-year-old man died from a bullet that struck him in the rear of his skull, more than six feet (two meters) from the door. Police said he was running away.
Lawyers for Lopez, who died before he could be taken to a hospital, have disputed that he pointed the gun at officers. They noted his fingerprints and DNA were not found on the rifle, which was recovered more than six feet away from his body. They suggested that Durden shot Lopez because the officer was reacting to Maze shooting the dog.
When state investigators arrived, they found Lopez lying dead in a prone position with his hands cuffed behind his back in the middle of the living room. A rifle was laying on the couch.
After the shooting, a state grand jury declined to indict anyone in the case.
Southaven Mayor Darren Musselwhite, in a statement, again offered condolences to the family of Lopez, but praised the outcome.
"This verdict proves what we've believed to be correct since day one as our officers responded appropriately considering the circumstance of being threatened with deadly force," Musselwhite said. "We've stood behind them during the last six years for this very reason and, for their sake, are glad this trial is over."
Wells told WREG it's uncertain what the future holds now for Lopez's widow.
"We look at whether or not we want to take this up or whether or not this closes a chapter of her life and she's just able to move on," Wells said.
- In:
- Lawsuit
- Deadly Shooting
- Mississippi
veryGood! (91)
Related
- Burt Bacharach, composer of classic songs, will have papers donated to Library of Congress
- Andrew Shue's Sister Elisabeth Shares Rare Update on His Life Amid Marilee Fiebig Romance
- She was last seen July 31. Her husband reported her missing Aug. 5. Where is Mamta Kafle?
- 'Alien: Romulus' movie review: Familiar sci-fi squirms get a sheen of freshness
- Kevin Costner Shares His Honest Reaction to John Dutton's Controversial Fate on Yellowstone
- A Maui County appointee oversaw grants to nonprofits tied to her family members
- A 1-year-old Virginia girl abducted by father is dead after they crashed in Maryland, police say
- 4 killed in series of crashes on Ohio Turnpike, closing route in both directions
- Bowl projections: SEC teams joins College Football Playoff field
- A Maui County appointee oversaw grants to nonprofits tied to her family members
Ranking
- Former NFL coach Jack Del Rio charged with operating vehicle while intoxicated
- US Army intelligence analyst pleads guilty to selling military secrets to China
- Drugs to treat diabetes, heart disease and blood cancers among those affected by price negotiations
- What to stream: Post Malone goes country, Sydney Sweeney plays a nun and Madden 25 hits the field
- Special counsel Smith asks court to pause appeal seeking to revive Trump’s classified documents case
- How you can get a free scoop of ice cream at Baskin Robbins Wednesday
- White House says deals struck to cut prices of popular Medicare drugs that cost $50 billion yearly
- Hurricane Ernesto aims for Bermuda after leaving many in Puerto Rico without power or water
Recommendation
-
Denver district attorney is investigating the leak of voting passwords in Colorado
-
Detroit judge sidelined for making sleepy teen wear jail clothes on court field trip
-
Have you noticed? Starbucks changed its iced coffee blend for the first time in 18 years
-
Naomi Osaka receives US Open wild card as she struggles to regain form after giving birth
-
Stop What You're Doing—Moo Deng Just Dropped Her First Single
-
Charlie Sheen’s Daughter Sami Sheen Undergoes Plastic Surgery for Droopy Nose
-
Never seen an 'Alien' movie? 'Romulus' director wants to scare you most
-
5 people charged in Matthew Perry's death, including 'Friends' actor's doctor, assistant