Lawsuit filed against officer, city of L.A. in Corona Costco shooting death
Six months after an off-duty Los Angeles police officer shot a family of three inside a Costco in Corona, killing an intellectually disabled man and seriously injuring his parents, an attorney filed a lawsuit on behalf of the family Wednesday, Dec. 18, claiming the officer and city of Los Angeles violated their civil rights in the deadly encounter.
The wrongful-death lawsuit called the June 14 shooting excessive and unreasonable and said attempts by LAPD officer Salvador Sanchez to detain Kenneth French, 32, and his parents, Paola French and Russell French, without probable cause also were unlawful.
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The Riverside County Grand Jury in September declined to indict Sanchez after a criminal investigation.
“We should be holding our police officers to a higher standard,” Kevin French, Kenneth’s brother, said during a news conference on Wednesday. “They’re supposed to protect and serve, not kill and be protected.”
Sanchez has said he was reacting to a blow to the back of his head from Kenneth French while he held his 18-month-old at a food samples stand. Sanchez would later state he believed he was under gunfire.
“There was no attack, as alleged. There was no threat of death or serious bodily injury, which is required to use deadly force,” attorney Dale K. Galipo told reporters in front of the federal courthouse in downtown Los Angeles after filing the suit in state court.
As Sanchez drew his firearm and announced that he was an LAPD officer, both parents pleaded with Sanchez to not shoot, telling him their son had a mental illness, the suit alleges. When Sanchez fired, the family was moving away from the officer, as bullets struck Kenneth and Paola French in the back, and Russell French in the abdomen.
Paola and Russell French have suffered various complications, including serious infections, as a result of gunshot wounds that damaged their organs. The injuries will require medical attention for the remainder of their lives, the suit said.
The lawsuit does not seek a specific dollar amount, though Galipo said: “It will be a large number.”
Sanchez’s attorney, Ira Salzman, said Sanchez did not commit a crime, nor did he do anything to merit being sued.
“Sal Sanchez acted in good faith, he was afforded no special privileges, he had to make decisions based on life-threatening situations,” Salzman said Wednesday. “He acted honorably and reasonably.”
The LAPD does not comment on litigation, Officer Jeff Lee, a department spokesman, said Wednesday. Sanchez remains assigned to his home as the LAPD investigates whether Sanchez’s actions were within department policy.
Los Angeles City Attorney’s Office spokesman Rob Wilcox said his office will review the complaint and declined to comment further. He said the city would not comment on the case until attorneys file their response in court.
The lawsuit heavily underscored that Sanchez was acting as an LAPD officer, employed by the city of Los Angeles, during the incident and afterward during the investigation.
It is this status as a law enforcement officer, Galipo and the French family allege, that gave Sanchez preferential treatment throughout the criminal justice process.
Corona police and other law enforcement officers responding to the shooting did not detain or cite Sanchez, who was allowed to keep his LAPD-registered firearm. After telling law enforcement he was an LAPD officer, Sanchez was allowed to review surveillance footage from inside the Costco before being interviewed by police to construct a false narrative as a cover-up, the suit said. Salzman has since denied this claim. Corona police did not respond to a request made late Wednesday afternoon seeking comment.
A few days after the shooting, LAPD investigators facilitated a “walk-through” with Sanchez at the Costco to give him a chance to explain how the shooting went down. This is standard protocol for shootings that involve officers employed by Los Angeles, which the lawsuit described as a privilege not extended to average citizens.
“If it was anyone other than a police officer who went into the Costco, pulled out his gun, and shot 10 shots at three unarmed people, killing one, and wounding two, if it was anyone else, they would’ve been detained, they would’ve been arrested, they would’ve been brought to jail and charged with murder,” Galipo said.
In September, the Grand Jury decided not to press criminal charges against Sanchez, a decision that drew the ire of the French family and local activists, prompting demonstrations at the DA’s office. District Attorney Mike Hestrin could have filed charges despite the Grand Jury ruling but opted not to, describing the process as fair.
The District Attorney’s Office had announced during the investigation that it planned to make witness statements and other evidence public if no charges were filed. But that information is now under seal in the Grand Jury case and will not be made public, DA’s spokesman John Hall said.