Family of man who died in 2006 files lawsuit

by Mark Morey
Yakima Herald-Republic

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YAKIMA, Wash. -- The family of a Grandview man who died following a police pursuit has filed a federal lawsuit against officers from Grandview, Sunnyside, Mabton and Yakima County.

The lawsuit claims that Grandview Officer Travis Shephard, and possibly Mabton Officer Anthony Russell, wrongfully caused the death of Tony Arroyo in November 2006.

Sunnyside and the county are also named in the lawsuit. The plaintiffs allege that representatives for those agencies destroyed dispatch tape recordings and evidence photos connected to the autopsy.

The lawsuit revolves around a police chase that began about 1:30 a.m. on Friday, Nov. 10, 2006. Grandview police have maintained from the beginning that Arroyo fled an attempted traffic stop at high speed, failed to negotiate a curve and slammed his car into a bridge. He then jumped in the Yakima River and disappeared, they claim.

Family members found his body submerged in the Yakima River the following morning.

An autopsy determined that Arroyo, a 23-year-old graduate of Prosser High School, drowned and had minor external injuries. He was also intoxicated by alcohol and methamphetamine, according to the autopsy.

Given the circumstances, police said, he was lucky to survive the crash. Shephard never got close to him before he jumped in the water, Grandview police said at the time.

However, Arroyo's parents, Evita Mendoza and Abraham Reyes, along with the mother of his two children, Christian Jimenez, filed a lawsuit in November in U.S. District Court in Yakima.

The plaintiffs allege that Shephard or Russell committed either murder or manslaughter. The officers are accused of using excessive force against Arroyo, then either causing or permitting him to fall into the river.

The lawsuit further alleges that other officers did not assist Arroyo when they arrived and that a dispatcher did not request search and rescue on that Friday morning. The county's volunteer search and rescue unit typically does not participate in searches involving criminal suspects because of the risk involved.

The lawsuit does not elaborate on what the plaintiffs believe happened at the scene. Seattle attorney Anthony Murawski, who is representing the Arroyo family, was not available for comment Thursday.

In response to a summons, attorneys this month began notifying the court that they would represent the defendants.

On Thursday, Grandview police referred questions to Yakima attorney Scott Beyer, whose firm is also representing Mabton.

Beyer did not a return a call, and Sunnyside's attorney also could not be reached.

Larry Peterson, a county civil attorney, said he believes the plaintiffs' claim will be shown as inaccurate in the end, including the claimed destruction of autopsy photos by sheriff's officials.

"It was a terrible mistake, but it was his mistake," Peterson said about the pursuit. "It's really disturbing that the family has this idea that he was murdered or manslaughtered. I think that's really unjustified and unfair to the police."

 

* Mark Morey can be reached at 509-577-7671 or mmorey@yakimaherald.com.



Commentsicon2
Posted by draino at 03/12/10 05:20AM        Post ID#: #28340

What a joke, this guy is lucky he din't kill some innocent people driving intoxicated and on drugs. Better off he killed himself. How would this family feel if he would have killed some while he was intoxicated. This family should not get a penny, he was breaking the law in the first place.

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Posted by FarmerJarhead at 03/12/10 06:21AM        Post ID#: #28344

The county should file suit against this family for being money grubbing morons.

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Posted by huh at 03/12/10 06:23AM        Post ID#: #28345

It is nothing more than the family trying to get the city/county/state or whoever to support them with our money. I wish them the best of luck possible with all the sarcasm I can muster.

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Posted by francesgumm at 03/12/10 06:36AM        Post ID#: #28346

(This comment has been removed by a Yakima Herald-Republic moderator)

Posted by listenup at 03/12/10 06:45AM        Post ID#: #28347

I don't think this guy is innocent for leading them on a pursuit but I also think the Grandview PD especially Travis Shepard is NOT innocent in this whole thing either! Wise up people... Jesus didn't have a twin and cops are people too!

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Posted by huh at 03/12/10 07:17AM        Post ID#: #28349

Listenup, what do you base your alligation on regarding the lack of innocence on the part of the cop? I think we are willing to be convinced but offer something of substance to base it on. Thank you.

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Posted by MoxeeKid at 03/12/10 07:26AM        Post ID#: #28350

francisgumm:

hahaha..

re: my post http://tinyurl.com/ycexqzc #19666

The first time I posted those words they were deleted by the moderator... Must have hurt someone's feelings.

I'm with ya though.. That's funny.

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Posted by SelahResident at 03/12/10 08:06AM        Post ID#: #28357

Let's see.... how about raise your children right in the first place! I think Evita Mendoza and Abraham Reyes should be counter sued for defamation and their bank account emptied and the money used to hire more police officers. That would be justice!

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Posted by huh at 03/12/10 08:20AM        Post ID#: #28361

Basically you have a pretty good thought there but the "kid" was 23. I think tht makes him of legal age and not under the thumb of his parents. Also from that perspective, I would think they would have no standing in the suit. So arethey suing in behalf of his children? Another part of the article that is not spelled out clearly.

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Posted by BacktoReality at 03/12/10 08:31AM        Post ID#: #28366

Remember you can sue anybody for anything doesn't mean you'll win. I'm guessing a lawyer came across this obit in his drawer and figures he can talk this family into a lawsuit at the very least the cities and county just settle out of court, either way the family, errrr I mean the lawyer will get some money. Love to be on this jury, of course this guy had nothing to do with his death he was murdered by the cops, right.... good luck with that story.

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Posted by Sinisterplan at 03/12/10 08:34AM        Post ID#: #28367

(This comment has been removed by a Yakima Herald-Republic moderator)

Posted by thetruth at 03/12/10 09:45AM        Post ID#: #28388

Was Mr. Arroyo under the influence and should not have been driving? Yes

Did Mr. Arroyo know that law enforcement would find this out and arrest him? Yes

Did Mr. Arroyo instead flee and jump to his own death because of his choices? Yes

Are his parents trying to cash in because of their kids poor choices? Yes

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Posted by listenup at 03/12/10 11:25AM        Post ID#: #28408

Huh...well when there is official records missing such as dispatch recordings and crime scene photos, I would say something is amiss here. Grandview Police have been accused of excessive behavior before.

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Posted by listenup at 03/12/10 11:25AM        Post ID#: #28409

Huh...well when there is official records missing such as dispatch recordings and crime scene photos, I would say something is amiss here. Grandview Police have been accused of excessive behavior before.

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Posted by huh at 03/12/10 01:06PM        Post ID#: #28424

Because they screw up once means they will screw up twice? If that's the case, since your post of August whatever made no sense, so your post now makes not sense.

What it should mean is that things should be looked into. A lawsuit is over kill for that; an internal investigation maybe.

But sue away. It will all be cleaned up in the wash.

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Posted by rheitzm at 03/12/10 01:53PM        Post ID#: #28438

The officers deserve a parade, promotions and a raise. The parents of this loser deserve jail time and so does the "mother of his children" for wasting taxpayer dollars.

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Posted by rheitzm at 03/12/10 01:53PM        Post ID#: #28439

You know how you avoid conflicts with law enforcement? DON'T BREAK THE LAW!

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Posted by logical at 03/12/10 03:56PM        Post ID#: #28453

"Arroyo fled an attempted traffic stop at high speed, failed to negotiate a curve and slammed his car into a bridge. He then jumped in the Yakima River and disappeared.
An autopsy determined that Arroyo, a 23-year-old graduate of Prosser High School, drowned and had minor external injuries. He was also intoxicated by alcohol and methamphetamine, according to the autopsy."

What a ridiculous lawsuit, if they settle this out of court I will be furious . This is total nonsense.

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Posted by topp1993 at 03/12/10 04:39PM        Post ID#: #28465

rediculous, shame on the court who will even hear this case out. No shame in this families game.

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Posted by convergent at 03/12/10 06:06PM        Post ID#: #28478

Sounds like a case of gold-diggers trying to cannonize their son for money. How sad.

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Posted by Just_Bob at 03/12/10 07:19PM        Post ID#: #28488

Let's start with I have no sympathy with a DUI eluding, but if in fact both "destroyed dispatch tape recordings and evidence photos" are true, one has to wonder about the credibility of the officials. In today's digital world there is virtually no excuse for either of these to occur, for two to happen on the same case is a coincidence beyond reason. The plaintiff

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Posted by Tired_of_right_spin at 03/12/10 09:55PM        Post ID#: #28498

I remember this case well. We had quite high water. So it had a lot of force. We had lost a few kayakers a few weeks earlier. It was cold. After fleeing from the car he ran and jumped in to the river. He would of been swept away quickly. He made the choice to jump in to the river. No one else. As others had put it we were lucky he didn't kill anyone else driving impaired.

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Posted by Just_Bob at 03/12/10 10:29PM        Post ID#: #28500

Tired of Right Spin

You are assuming he jumped in the river. I think his parents aren't so sure about that.

Too bad all that evidence was lost, then it would probably be pretty clear cut.

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