UPDATE: Family drops wrongful death lawsuit in Salinas police shooting
UPDATE 2/3/16 3:15 PM: A wrongful death lawsuit against the city of Salinas stemming from a police officer-involved shooting in 2014 has been dropped, according to City Attorney Chris Callihan.
The claim was filed for Frank Alvarado’s family members by San Francisco based attorney John Burris. Callihan said his office was alerted when the document was filed.
In June 2015, the officers were cleared of any wrongdoing the shooting of Alvarado. The Monterey County District Attorney’s office said it was “suicide by cop.”
ORIGINAL STORY: No charges will be filed against the police officers involved in the deadly shooting of a Salinas man who committed “suicide by cop” last July, according to the Monterey County District Attorney’s Office.
Prosecutors said the Salinas police officers who responded to the incident, were justified in shooting Frank Alvarado, 39, after believing he posed an imminent threat toward officers.
This decision comes about a week after Alvarado’s father filed a wrongful death lawsuit against the City of Salinas. Officers initially responded to reports Alvarado had broken into his grandfather’s home and set fire to part of it using a butane torch.
When officers responded and approached Alvarado, prosecutors said officers ordered him to surrender and he instead, ran at a full sprint toward them, stretching his arms out as if to aim a firearm. During the investigation, it was discovered Alvarado was holding a cell phone instead of a gun.
Monterey County District Attorney Dean Flippo said Alvarado’s relatives called 911 to report the incident. Alvarado was on parole and relatives told police that he’d told them he was not going back to prison. Alvarado had served 11 years in state prison for attempted murder.
This is the second review released by the DA of four officer-involved shooting cases in 2014 by Salinas police.
Prosecutors justified their decision, citing State and Federal laws, making it legal for anyone, including a peace officer, to use deadly force in self-defense or in defense of others who believe they are facing immediate danger of great bodily harm or death. They said this type of defense is justified even if the person could have retreated to safety.
The DA’s Office said it believes the officers involved in shooting Alvarado, acted in self-defense and defense of others.
Friday’s report also reveals toxicology results showing Alvarado was under the influence of methamphetamine, amphetamine and Gamma-Hydroxybutyrate, also known as date rape drugs.
