Guadalupe Police served with federal lawsuit from fatal officer-involved shooting of bystander
May 24—The Guadalupe Police Department has been served with a lawsuit stemming from an officer-involved shooting of a bystander in August 2021, following a delay over a state report that has yet to be issued, according to documents filed last week in Los Angeles federal court.
In the lawsuit, originally filed on Feb. 14 in the U.S. District Court for the Central District of California, the family of 58-year-old Juan Luis Olvera-Preciado accuses the Guadalupe Police Department of seven counts, including excessive force, assault and battery, and wrongful death in the Aug. 21, 2021, shooting of their relative.
Serving the lawsuit was delayed for several months due to mediation that was to start after the receipt of a California Department of Justice report on the shooting that was expected in late March. That report has yet to be released and may not be for several more months, according to a declaration filed May 16 by family attorney Arnoldo Casillas.
Plaintiffs include Silvia Moya Olvera, Luis Alberto Olvera, Juan Junior Olvera and other members of Olvera-Preciado's family. They seek an unspecified dollar amount that includes attorneys fees, punitive and compensatory damages.
Defendants include the city of Guadalupe; Miguel Jaimes, the officer accused of shooting Olvera-Preciado; and 10 unnamed John Does. Jaimes is still employed with the department but on paid administrative leave, according to Police Chief Michael Cash.
Olvera-Preciado was sitting inside his vehicle near the intersection of Birch and Obispo streets when he was struck by police gunfire shortly after 9:30 p.m. Aug. 21, 2021, and pronounced dead at the scene a short time later, according to Cash.
Casillas said Olvera-Preciado was sitting in his vehicle parked in the driveway, waiting for his wife so he could take her out to dinner.
A short distance away from where Olvera-Preciado sat, Jaimes and his partner had stopped and detained a motorist that Jaimes believed to have an outstanding arrest warrant for not appearing at a court hearing, according to the lawsuit. Several more officers arrived on scene minutes later.
The motorist, who was not identified, slowly exited the vehicle upon orders and stood at the driver's side while Jaimes and other officers drew their firearms and pointed them in the direction of the motorist, who stood in the direction of the Olvera home, according to the lawsuit.
Casillas argues the motorist was compliant and moving slowly toward the ground when Jaimes intentionally and without cause fired his gun four to six times at the motorist.
The motorist was not struck by gunfire, but one bullet struck Olvera in the head as he sat in his SUV, according to the lawsuit. No other officer fired their weapon.
Cash said Olvera was pronounced dead at the scene a short time later. He wasn't able to comment on the lawsuit Monday, citing pending litigation.
Casillas said officers should have been aware that the Olvera home was in their sights when the shooting occurred. He also believes Jaimes had ample time to assess any dangers or threats before the shooting and that he had no reason to fire his gun.
"None did exist," Casillas said. "The events were not life-threatening."
Despite the delay in the release of the Department of Justice's report, Casillas said that plaintiffs and defendants have a good working relationship and remain willing to participate in an early mediation.
The Guadalupe Police Department has until Monday to respond to the lawsuit, while Jaimes has until July 5 to respond to the complaint.
