Father can't file suit over DEA slaying - 14 Year Old Latina Killed by Police
A federal judge has dismissed the civil court claims brought by the father of a 14-year-old girl shot to death by a federal drug agent almost two years ago. U.S. District Judge Fred Biery ruled last week that state law bars Joey Villarreal from bringing a lawsuit against the government over the death of his daughter, Ashley. The ruling does not affect the civil suit brought by the girl's mother and grandmother. Joey Villarreal is serving 19 years in federal prison for leading a San Antonio-based cocaine-trafficking group. As part of his plea deal, he agreed that the drug-dealing conspiracy lasted from Jan. 1, 2000, to Feb. 10, 2003, the day he turned himself in. Drug Enforcement Administration agent Bill Swierc shot Ashley Villarreal on Feb. 9, 2003, while he and other agents staked out the home of Joey Villarreal's mother to arrest him. Texas law, the judge ruled, says people convicted of a felony cannot sue for damages incurred during the commission of the felony. "We're disappointed in the court's ruling," said attorney Phil Watkins, who represents Joey Villarreal, his mother and other plaintiffs in the suit. "I'm in the process of speaking to my client to advise him of his rights and see what he wants to do." In the same ruling, Biery allowed Daniel "Danny" Robles, who was a passenger in the car Ashley was driving when she was shot, to remain in the suit to pursue his claims of assault, intentional infliction of emotional distress and false imprisonment. [more]