Judge Removes City, 3 Officers From Suit Over Border Slaying

A federal judge Friday removed the city of San Diego and three city police officers as defendants in a $20-million wrongful-death suit stemming from the shooting death of an illegal alien near the U. S.-Mexico border.

Police Officer Cesar Solis remains as the sole defendant in the case. Court testimony indicated that a shot fired by Solis most likely resulted in the death of Julio Arroyo Zaragoza, a 33-year-old illegal alien from Mexico who was killed May 4, 1985.

After a weeklong trial, the case is scheduled to go to the jury next week. Both sides rested their cases Friday.

Officer Saved by Vest

The shooting generated a whirlwind of controversy at the time. A Border Patrol officer, Fred Stevens, was shot five times during the incident but survived, thanks largely to a bulletproof vest, officials said.

Arroyo’s family, which is pressing the suit, has maintained through their attorney, Jose E. Tafolla of San Diego, that Arroyo was the victim of a “summary execution” by members of the Border Crime Prevention Unit, a special task force of officers from the San Diego police force and the U. S. Border Patrol. Unit members patrol the border canyons seeking to deter crime against illegal aliens.

U. S. District Judge Gordon Thompson Jr. ruled that evidence indicated it was “ludicrous” to contend that any city policy resulted in the alleged “execution” of Arroyo. The three other officers named in the suit--Larry K. Bender, M. Mendez and M. Rosario--did not shoot Arroyo and therefore should be dropped as defendants, the judge ruled.

Conflicting Testimony

Much of the testimony during the trial has focused on conflicting comments from pathologists as to whether Arroyo was shot at close range--that is, whether he received a so-called “contact” type wound that is associated with execution-style slayings. Two experts called by the family testified that his wound might fall into that category, while two pathologists called by the city said the wound was inflicted from a greater distance.

Authorities have maintained that the shooting was justified because Arroyo and his brother Jaime had been robbing aliens with weapons and attempted to shake down the task force when the confrontation occurred. Jaime Arroyo, who survived the incident, was convicted of conspiring to commit robbery and of attempted murder and is serving a nine-year term at Soledad State Prison.

Arroyo’s widow, Maria de Zaragoza, and her four children, residents of Mexico City, have contended that the two brothers were guides leading a group of migrants through the canyons when they were attacked by the officers, whom the Arroyo brothers thought were bandits. The family charges that Julio Arroyo was shot through the center of his forehead as officers were placing handcuffs on his wrists.