Contact: Eric Rose (805) 624-0572
or Paul Haney (626) 755-4759
LOS ANGELES, June 14, 2011 – In response to an appellate court’s ruling that LAPD officers acted reasonably when 19-month-old Suzie Pena, who was being used as a human shield by her father, Jose Raul Lemus Pena during a 2 1/2-hour standoff was killed in a shootout on July 10, 2005, Paul M. Weber, President of the Los Angeles Police Protective League, has issued the following statement:
“Once again, a court has found that the Los Angeles Police Department and its SWAT team were not negligent during an attempted rescue in 2005 that resulted in the death of 19-month-old Suzie Pena, who was being held hostage by her armed and intoxicated father.
“The decision by the 2nd District Court of Appeal upheld a ruling by a trial court that dismissed the case in 2009. The Appellate Court found the officers were forced to react to attempt to save the girl, and their force was reasonable in light of the threat posed by the girl’s father.
“As was clearly demonstrated by the evidence, the sole cause for the death of Suzie Pena was her father, Jose Raul Lemus Pena. As we have stated before, Jose Pena was the one who fired without warning, indiscriminately, at arriving police officers. Jose Pena was the one who threatened to kill his wife, 17-year-old daughter and his toddler daughter. Jose Pena was the one who randomly fired at least 40 shots during the confrontation.
“We again express our thanks to the Office of the City Attorney and the fine legal team that has handled this case from the first trial through the recent appeal. This case was originally litigated and won by the Police Litigation Unit, which is supervised by Assistant City Attorney Cory Brente, Deputy City Attorneys Christian Boroquez, Kelly Kades and Todd Hayward, and as such deserves our sincere gratitude for their relentless defense of the officers involved in this tragic situation. Furthermore, our heartfelt appreciation goes to Deputy City Attorney Lisa Berger from the Department of Water & Power, who argued and prevailed in the appellate court decision. The diligence of these attorneys has saved Los Angeles taxpayers millions of dollars and allowed responsibility for Suzie Pena’s death to remain where it has rightfully been—with her father, Jose Pena.”
About the LAPPL: Formed in 1923, the Los Angeles Police Protective League (LAPPL) represents the more than 9,900 dedicated and professional sworn members of the Los Angeles Police Department. The LAPPL serves to advance the interests of LAPD officers through legislative and legal advocacy, political action and education. The LAPPL can be found on the Web at www.LAPD.com.
