Judge rules for officers in Treviño shooting

By DAVID LOPEZ
Special to the NEWS

A Brownsville federal judge has dismissed a lawsuit against the San Benito Police Department and Cameron County Precinct 5 deputy constables, claiming those who killed 21-year-old Ricardo Treviño III in December 2018 did not use “excessive force.”

In his ruling filed last Wednesday, District Judge Fernando Rodriguez, Jr. ruled in favor of officers involved in the shooting, including former San Benito Police Chief Michael Galvan and Precinct 5 deputy constable Jose Angel Villareal. Rodriguez ruled that Treviño used his car as a weapon to endanger officers during the 20-minute chase from San Benito to El Ranchito.

The lawsuit, filed in 2020 by Treviño’s mother April Flores, demanded a trial by jury, arguing that officers had “no probable cause or reasonable suspicion” to ultimately kill Treviño.

Rodriguez granted the officers’ requests for summary judgment, which is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial.
Rodriguez’s ruling cited qualified immunity, a legal principle that shields state actors from civil lawsuits.
Flores’s attorney, John Blaylock, said that although he agrees that officers have qualified immunity, it should not apply when they cross the line.

“I’m disappointed with the verdict,” Blaylock said. “I don’t believe the officers truly believed they were in any kind of danger when Treviño was in the ditch with his hands up, and yet they decided to take his life.”
City of San Benito Public Relations Director David Favila stated in an email that City Administration had no comment on the matter.

In his ruling, Rodriguez wrote, “The focus is on whether Treviño posed a serious enough threat of physical harm that the force used against him was reasonable. (Former San Benito Police Officer) Victor Espitia and Galvan have stated under oath that they fired one shot at Treviño and their shots missed. There is evidence that Villareal used force against Ricardo Treviño but that force was not excessive in response to the threat posed by Treviño. Moreover, even if Villarreal used excessive force he is entitled to the protections of qualified immunity.”

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