Attorneys for Los Angeles County want a judge to consolidate two lawsuits stemming from the deaths of two El Monte police officers fatally shot by a convicted felon in that city, saying doing so is in the best interests of judicial economy.
"It would be a spectacular waste of judicial resources for two departments in the same court to each spend valuable time addressing the exact same pleading challenges," the county attorneys argue in court papers filed Tuesday with Los Angeles Superior Court Judge Anne Hwang.
Combining the two cases also is necessary to avoid inconsistent or conflicting decisions, according to the county lawyers, who note that the defense has filed a motion in the Santana suit to be heard Aug. 10 in which they argue the county is immune from civil liability in the officers' deaths.
"If the Santana action proceeds separately from the Paredes action, there is a meaningful risk of differing conclusions on one or more of these issues," according to the county attorneys, who further argue that consolidation "is the only way to ensure a consistent, uniform outcome."
Officers Joseph Santana and Michael Paredes responded to a report of a stabbing on June 14, 2022, at the Siesta Inn, where Justin Flores was staying with his wife. The officers rescued the victim, but were subsequently shot to death by Flores.
Relatives of Santana and Paredes have filed separate lawsuits against Los Angeles County, District Attorney George Gascón and his office, the county Probation Department and the motel for wrongful death. The Santana suit was filed in Los Angeles Superior Court on May 3 and the Paredes complaint in Pomona Superior Court on June 9.
According to the lawsuits, Flores, 35, was placed on probation in a plea deal in 2021 after he was arrested in 2020 for being a felon in possession of a firearm and methamphetamine. Even though Flores had a prior felony conviction for burglary, Gascón issued a directive barring the prosecutor handling Flores' case from filing a strike allegation against him, the suit states.
Related
In doing so, Gascón disregarded California's "three strikes" law, which requires prosecutors to plead prior known strikes, the suit states.
If Gascón had followed the law, Flores would have been sentenced to prison, according to the plaintiffs. After being put on probation in March 2021, Flores was only seen by his probation officer once -- although he was supposed to have monthly check-ins -- and Probation Department members never initiated a desertion proceeding as their own policies required, which would have forced a probation revocation, the suit states.
On June 2, 2022, the probation officer completed a phone check-in with Flores after learning he was in illegal possession of a gun and had beaten a woman, but Flores did not show up for an appointment four days later and his probation officer never reported the information to law enforcement, the suit states.
The probation officer filed for a revocation of Flores' probation a day before the shootings, but Flores was not taken into custody, the suit states. Flores died of a self-inflicted gunshot wound to his head.
Follow KNX News 97.1 FM
Twitter | Facebook | Instagram | TikTok
Related
Related
