Tony Arroyo of Grandview died following a police pursuit in 2006. Now his family has filed a federal lawsuit against police officers from Grandview, Sunnyside, Mabton and Yakima County.

The lawsuit specifically names Grandview Officer Travis Shephard, and possibly Mabton Officer Anthony Russell.

The situation that prompted the lawsuit was a police chase that began about 1:30 a.m. on Friday, Nov. 10, 2006. Grandview police maintain that Arroyo ran from an attempted traffic stop. They pursued him in a high speed chase and when he failed to negotiate a curve, he smashed his car into a bridge. Instead of submitting to police at that point Arroyo jumped in the Yakima River and didn’t resurface, they claim.

Family members searched for him and found his body the following morning submerged under the water in the Yakima River.

The autopsy done on the 23-year-old determined that he had minor external injuries and had apparently drowned. The autopsy also revealed that he had considerable amounts of alcohol and methamphetamine in his system.

Police said that, given the circumstances, he was lucky to survive the crash. Shephard remarked at the time that Arroyo never got close to him before he jumped in the water.

Wrongful Death Lawsuit

Arroyo’s parents, Evita Mendoza and Abraham Reyes filed a lawsuit in November in U.S. District Court in Yakima. Christian Jimenez, the mother of Arroyo’s two children, is also listed as a plaintiff.

The plaintiffs allege that Shephard or Russell committed either murder or manslaughter. The suit accuses them of using excessive force against Arroyo. It goes on to allege that these aggressive actions either caused or permitted him to fall into the river.

The lawsuit further alleges that, as other officers showed up at the scene, they did not attempt to assist Arroyo. The suit charges that, along with the officers on the scene, a dispatcher did not request search and rescue on that Friday morning.

The county’s search and rescue unit is run by volunteers and typically does not participate in searches involving criminal suspects because of the risk involved.

Perhaps some of the most damning charges are against Sunnyside and the county. The plaintiffs allege that employees at those agencies destroyed dispatch tape recordings and evidence photos connected to the autopsy.

Details in the lawsuit are left out such as what the plaintiffs believe happened at the scene the night of the incident. Seattle attorney Anthony Murawski, who is representing the Arroyo family, has not yet commented or returned calls regarding the suit.

The Suit Begins

Summonses were sent out and various attorneys responded this month by notifying the court that they would represent the defendants.

Yesterday, facing calls from the press, Grandview police referred questions to Yakima attorney Scott Beyer, whose firm is also representing Mabton.

Beyer has not yet responded to calls. Sunnyside’s attorney also remains silent.

Larry Peterson, a county civil attorney, was the only person who had any opinion on the lawsuit. He said he believes the plaintiffs’ claim will be shown as inaccurate in the end. They will also dismiss the claim that autopsy photos were destroyed by sheriff’s officials.

“It was a terrible mistake, but it was [Arroyo’s] mistake,” Peterson said about the pursuit. “It’s really disturbing that the family has this idea that he was murdered or manslaughtered. I think that’s really unjustified and unfair to the police.”

Wrongful Death Settlements

This lawsuit has a lot of serious accusations attached to it. The motivation for Arroyo running from police is not clear. Also the decision not to look for him after he jumped into the water is also highly questionable. What is in this case is the pain of the loss of a son and father.

If one of your loved ones wrongfully dies in an accident it is important that you hire an experienced legal firm in wrongful death litigation. Call Phillips Webster for a consultation on your legal options.

Learn More About:

• Wrongful Death Statute of Limitations
• Car Accident Injuries and Wrongful Death
• Trucking Accident Injuries and Wrongful Death