Victim was shot twice in back of head and upper back by APD officers on August 29th, 2009.
Victim was removed from John Muir Medical Center in Walnut Creek on Sept 1 and returned to family by Lt. Orman. John Muir thought victim was being released to county hospital for continuing care. Lt. Orman instructed family that the police report would be ready in couple of weeks, after 6 months and still no police report.
The family filed to retain their rights to file a civil suit as instructed by Lt.Orman. APD then decided to file criminal charges 9 months after the police shooting and 3 months after receiving notice of pending civil suit.
Family immediately hired an investigator after shooting, who interviewed witnesses, who confirmed there suspension that APD officers shoot prematurely and without warning. They also shoot victim in the back as he was running away for help stated one witness. Witnesses also confirmed that APD officer never identified themselves before opening fire in victims car.
During the victim's Preliminary hearing, more inaccuracies and lies have been revealed: that the officer shot 7 or 8 times not 4, that the officer had unauthorized ride along with him (his brother-in-law), that APD has only accounted for 4 shell casing, witness saw victim get shoot in the back and fall, the shooter Officer Cuevas is no longer with APD. This family is praying that APD and Contra Costa County DA's office does the right thing.
The police and DA have tried to make this case disappear by charging the victim, total miscarriage of justice.
Judge Lewis Davis is currently presiding over the preliminary hear which started on July 14th.
During the prelim, the victim's father who is legally blind got upset because Detective Maloney- who by the way is the prosecutor, the investigating officer, and the witness- testified that Officer Cuevas, said his son was shot in the neck and not his head. The victim's father was held in contempt of court and sentenced to 2 day in jail and fined. He spent that time in County Hospital Emergency Room, he was taken there twice from jail that evening because of extremely High Blood Pressure before being released by Deputy's. He has since be hospitalized for the same condition caused by stress. APD is now charging the victim's father and his son, who was sitting quietly in court and did nothing wrong, with a violation of CA Penal Code section 69.
How can this be happening and what can done to help this family? THIS FAMILY IS UNDER ATTACK BY APD EVERYDAY. Who can help them now?