Briefly in the news

It was seven months ago Wednesday that 18-year-old Antonio Saldivar

was shot and killed by a Huntington Beach police officer in the Oakview

neighborhood where he lived.

Since that fateful May morning, two investigations have been ongoing

and now a lawsuit has been filed.

Last week, Saldivar’s family filed a wrongful-death lawsuit with the

U.S. District Court in Santa Ana.

The family’s attorney, Timothy A. Black, said the family feels that

his civil rights were violated and that they deserve to be compensated.

“We believe a human life lost like that deserves to have some

recognition other than to close the book,” Black said. “The family

deserves to be compensated; it was a violation of his civil rights.”

When asked about the civil right violation charge, police declined to

comment, but have said in the past that the shooting was a case of

mistaken identity.

Neal Moore, an attorney representing the Huntington Beach police

officer involved in the case, said neither he nor his client had received

a copy of the suit and could not comment.

The shooting took place in the predawn hours of May 5 in which

officers chased a man through the Oakview area and lost sight of him.

When Huntington Beach Police Officer Mark Wersching came across Saldivar,

who was holding what appeared to be a rifle, he shot him, police contend.

The Orange County Sheriff’s Department, however, said in June that it

was not Saldivar, but 21-year-old Brigido Cara Mendez, whom police began

chasing after they saw a man peering into parked cars in the 17000 block

of Ash Street.

Sheriff’s officials said the officer lost sight of the suspect and

came upon Saldivar, who was allegedly holding a toy gun, and shot him at

about 1:39 a.m.

A federal criminal investigation is still ongoing to determine if

Saldivar’s civil rights were violated. The Orange County Sheriff’s

Department completed a separate investigation that has been handed over

to the Orange County District Attorney for review.

The United States attorney’s office and the FBI have yet to determine

if Saldivar’s civil rights were violated, said Thom Mrozek, spokesman for

that office in Los Angeles.

“No decision has been made yet,” Mrozek said.

Tori Richards, spokesman for the Orange County district attorney’s

office, is currently reviewing the Sheriff’s Department’s investigation.

“I can’t comment until the investigation is complete, which will

hopefully be soon,” Richards said.

The suit comes five months after the family’s $15-million claim was

rejected by the city, which is also named as a defendant. Black estimates

that it will take 18 months or longer before a trial date is set.

In the meantime, the next 60 days will provide a time for Black to

obtain more information from the police and the Sheriff’s Department, he

said.

“Part of the problem is that Saldivar is dead, so he can’t say what

happened,” Black said. “We have to get to the bottom of how this guy

died. So we’re waiting and going to actively prosecute action until we

find out what happened that night and get our day in court.”