Family in Mexico Sues Hunter, Ranch Owner Over Shooting Death of Illegal Immigrant The Associated Press
Published: Apr 14, 2005
EL INDIO, Texas (AP) - The family of a illegal immigrant shot to death on a Texas ranch sued the property owner and a hunter, who allegedly told police he thought the man was a wild hog.
The wrongful death lawsuit seeks $8 million for the family of Celestino Lopez, 36, who died after being shot in the abdomen in January 2004. Prosecutor Roberto Serna said he plans to decide soon whether to present the case to a grand jury.
Lopez, who was from the Mexican state of Guanajuato, had been walking in the dark with other immigrants after entering the United States when they saw a shadowy figure and stopped, according to the lawsuit filed Monday in Eagle Pass.
Jaime Gonzalez shot Lopez from about 150 feet away, the lawsuit claims. He allegedly told police he thought he was shooting at a hog.
The lawsuit against Gonzalez and ranch owner Eduardo Rodriguez alleges the death was "reasonably foreseeable" and that the defendants had a legal duty not to shoot in poor light and without verifying the target was an animal.
An attorney appointed by the Mexican government to represent Lopez's widow and five children said they are tired of waiting on a criminal prosecution.
"At this point, it looks like we are going to have to go to a jury for relief on this case," J.A. Garcia said.
Gonzalez, Rodriguez and their attorneys could not be reached for comment by the San Antonio Express-News.
Last year, the family of an illegal immigrant killed on a ranch near Laredo reached a $15 million settlement with the owner and his ranch hand, who claimed he shot the man after mistaking him for a wild hog.
Judge Nuke rules in favor of the suit for $8 million with 1% liability assigned to the hunter and 99% liability assigned to the dead man since he died as a direct result of his own criminal activity. The landowner I find harmless and award him 90% of the settlement amount for his troubles. So be it!