Family of Boy Slain by Deputy Settles Lawsuit

The family of a 15-year-old boy shot and killed by a sheriff’s deputy more than three years ago won a $600,000 settlement from Los Angeles County on Tuesday, ending one phase of a controversial shooting case that helped spark a wide-ranging examination of use-of-force policies.

The August, 1991, shooting of David Angel Ortiz Jr. was one of several incidents involving black or Latino suspects that raised concerns about police brutality against minorities. Protests by community members and the victim’s parents, David Sr. and Debbie Ortiz, led to investigations by the Department of Justice and the county grand jury.

Eventually, the County Board of Supervisors created a special commission, led by retired Superior Court Judge James G. Kolts, to investigate allegations of misconduct in the Sheriff’s Department.

The Ortiz family had initially sued the county for more than $5 million but agreed to settle the case through the county claims board to save them the anguish of a protracted trial, attorney Miguel F. Garcia said.

“It was a soul-searching decision for them,” Garcia said. “They wanted in a court of law to show that their son didn’t deserve to be shot and that the deputy was wrong. But a six- to eight-week ordeal in court would have hurt them emotionally and financially. It’s a compromise, a beginning to heal some of those wounds.”

The county had already spent more than $112,000 to defend itself in the lawsuit, even though the deputy who allegedly fired the fatal shots, Jose Belmares, was fired.

A report by the claims board found that “independent experts on tactics and procedures advise us that the deputies . . . did not follow sheriff’s policy and procedures and that the shootings and resulting death were not necessary.”

Belmares has appealed his discharge to the Civil Service Commission and is seeking reinstatement. A hearing officer initially found in his favor, but the full Civil Service Commission has not made a decision on whether to accept that recommendation.

Belmares could not be reached for comment, but his attorney, Richard Shinee, said Tuesday’s settlement will have no bearing on his client’s fate.

“It’s very important to him that he be vindicated,” said Shinee, whose law firm represents the Assn. of Los Angeles Deputy Sheriffs. “His discharge was political. . . . There were four fatal shootings that August and rather than deciding to support him, the department buckled to public pressure.”

Deputies began pursuing Ortiz Jr. after he was spotted hurriedly closing the trunk of his car while he and a companion were at the drive-through window of a fast-food restaurant.

The Montebello youth was shot after deputies said they chased him in a high-speed pursuit that ended in a cul-de-sac near Pioneer Boulevard and the Artesia Freeway. Sheriff’s officials said Ortiz tried to flee the scene and was shot in the back of the neck when he appeared to be reaching for his waistband.

The Justice Department opened an investigation of possible civil rights violations in the death. A department spokeswoman said no indictments have been handed down but refused to say whether the case is closed or provide further details.