A Motion for Cross Summary Judgement has been filed in US District Court in Lubbock in response to a request for Summary Judgment filed by Attorneys for the City of Levelland. This is in relation to a $5 Million lawsuit filed by Emilia Espinoza in January 2016, almost, 1 year after the shooting death of Jose Espinoza.
According to court documents, although Jose Espinoza had multiple stab wounds, it was determined by the Medical Examiner that he died from multiple gunshot wounds. The plaintiff states in the motion that the arguments in the motion will prove the evidence in the case does not match the City’s version of the facts.
The document provides the background information on the case. The plaintiff alleges that the lead officer on the scene admitted to not giving the order to deploy lesser force such as a taser. It is important to note that in January 2015 the officers of the Levelland PD did not have tasers and thus had not been trained in their use. That training did not take place util 2016 when tasers were purchased for the department. Attorney’s for the plaintiff are trying to claim the city is liable for the officers not having sufficient training. It was pointed out by attorneys for the city that all officers met the minimum standards for the Texas Commission on Law Enforcement Standards. Court documents also state that even though the scene was chaotic there is no obvious reason why within 90 seconds the officers on the scene had the authority to use deadly force.
Judge Sam Cummings has not made a ruling on the motions filed.