A man shot twice by Riverside Police in January, 2021, filed a federal suit Dec. 23 against the city of Riverside and the officer who shot him, alleging excessive force, battery and violation of civil rights, and demanding compensatory damages, loss of income, and past and future physical pain and mental suffering.
Riverside Police Officer Evan Wright shot Xavier Lopez Jan. 26 around 14610 Tomlinson Ave, Riverside, the suit claims.
Riverside Police Chief Larry Gonzalez claimed Lopez was a parolee, convicted of assault with a firearm, who was wanted for an outstanding parole violation in a video statement released April 16.
Officers were attempting to bring Lopez in when they fired. for fear of being shot at first, Gonzalez said.
The Riverside Police Department cannot comment on any pending litigation against the city or police department, according to department spokesman Ryan Railsback.
Shot with hands up, possible gun
Body camera footage released in the statement appears to show an officer driving up to Lopez, opening the door before the car stopped, walking to Lopez, drawing his weapon, and shooting Lopez twice within the span of eight seconds.
The video appears to show Lopez grabbing something out of his jacket pocket while the officer approaches.
Gonzalez claimed Lopez was grabbing a firearm.
Lopez’s hands appear to have been up when he was shot.
Later video appears to show the police removing a gun from Lopez’s jacket pocket.
Lopez was recovering at a hospital until Feb. 8, Gonzales said.
Lopez complied with the officer’s commands and did not pose an immediate threat of death or serious bodily injury to them, his suit claims.
The officers could have positioned themselves behind cover, Lopez had his hands up when he was shot, the officers did not give a deadly force warning, and Lopez was not actively resisting, the suit claims.
His seven complaints are excessive force, municipal liability for an unconstitutional custom, municipal liability for ratification, municipal liability for failure to train, battery, negligence, and violation of civil rights and the Bane Act.
Parties
Dale Galipo and Marcel Sincich of the Woodland Hills Law Offices of Dale Galipo, and Trenton Packer from the Riverside Law Offices of Grech & Packer, represent Lopez.
City attorneys have not yet been announced.
Central District of California Judge Otis Wright presides.
Case No: 5:21-cv-02140
Read the complaint here.
