Man killed by officer wasn't armed, lawsuit claims
BELEN, N.M. (KRQE) - The family of a man shot and killed by Belen police
has filed a federal lawsuit against the city, the department and the officer.
The officer claimed he didn't have a choice because Benjamin Tellez was
armed and dangerous.
The family says Tellez was not holding a weapon, according to the
lawsuit.
It was June 4, 2010 , when Belen police
answered a 911 call saying two brothers were fighting.
Belen Sgt. Gerald Espinoza was the first responder on scene.
According to investigators, Espinoza was met outside the home by
Benjamin Tellez and that Tellez, 29, was holding a sawed-off rifle.
New Mexico State Police reported Espinoza tried repeatedly and
unsuccessfully to get Tellez to put the gun down.
Eventually Espinoza fired one round hitting Tellez in the chest and
killing him.
This week Tellez's family filed a lawsuit against the city of Belen for
the shooting.
The lawsuit claims that Tellez did not have to die that night because he
wasn't a violent criminal, didn't have a weapon and wasn't making threatening
gestures toward Espinoza.
Online court records show Tellez's record with police listing a pending
case of an aggravated DWI and a few other driving offenses.
The lawsuit blames the city for a lack of training with its officers and
that led directly to Tellez's death. The family is looking for compensatory and
punitive damages from the city.
The city of Belen declined to comment on the lawsuit.