LOS ANGELES (CN) — The wrongful death civil trial over an LAPD shooting that led to the death of 14-year-old Valentina Peralta in the dressing room of a department store began Wednesday, as attorneys for Peralta’s parents and the city of LA delivered their opening remarks to the jury.
“This is a simple story, but a very tragic one,” said the Peraltas’ attorney Haytham Faraj. “Valentina Peralta locked a door of a fitting room, to lock herself and her mother inside, from someone who appeared to be deranged. They sat together. They believed that would make them safe. And they would have been safe if the LAPD officers responding would have followed the rules and policies that are in place for this type of situation.”
Peralta and her mother were out shopping for a dress for the daughter’s quinceañera, just two days before Christmas in 2021. Shortly before noon, a 24-year-old Daniel Abisai Elena Lopez, “who may have been psychotic, may have been on drugs maybe both,” according to Faraj, entered the store. He was swinging a large bike lock, and violently bludgeoned one woman with it. Police responded to the scene and one of the officers, William Jones, fired three shots from his AR-15 assault rifle. Lopez was hit in the back and was killed, but one of the stray bullets ricocheted off the floor and hit Peralta, who died in her mother’s arms.
No charges were filed against Jones. Although the police commission ruled the shooting went against the police department’s policy, Jones was not fired and is still working as a police officer.
In his opening statement, the city of Los Angeles’ attorney Jim Touchstone defended Jones, calling him “an elite officer who did follow his training that day.” He said that Jones thought he was responding to a “mass casualty event” like a mass shooter, and was in a rush to reach the suspect.
“When you wait in these incidents, people could get hurt,” Touchstone said.
In order to prove the city is liable for the death of Peralta, the plaintiffs must prove that the shooting itself was negligent.
Much of the trial will turn on video footage, recorded from body cameras worn by the police officers. Footage played during opening statements showed the first four officers methodically entering the North Hollywood store in a “stick formation,” one holding a gun that shoots less lethal projectiles, like bean bags, another holding a shotgun, and a third holding a pistol. The most senior officer gave orders.
“This team is seconds away from making an arrest, Faraj told the jury. “And all would have been fine except the reason we’re here for.”
Jones responded late, grabbed his AR-15 and hurried upstairs. Footage showed him pushing to the front of the formation, insisting that he “take point,” and ignoring the senior officer’s repeated order to “sling” his assault rifle, and shouts to “slow down!”
“I believe that the evidence will show that Officer Jones did not respond to the commands and was doing his own thing that day,” Faraj said.
Touchstone said Jones had an entirely different perception of the incident, thinking Elena Lopez was holding a gun and had already shot one of the customers, who was lying in an aisle bleeding. Touchstone said Jones believed that either he or one of his fellow officers was about to get shot.
The liability phase of the trial is expected to last around seven days. Should the jury find the city liable, the trial will move to a second phase to determine damages — the amount of money that the city will have to pay the family.
The city of LA has paid out more than $1.1 billion in settlements and judgments since the beginning of 2020. Nearly half of that — about $435 million — comes from lawsuits filed against the LAPD.
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