Bexar County, Bexar County Sheriffs Office, and Deputy John Rodriguez Sued for Shooting and Killing

a Man
The Texas Trial Lawyers of the FELIX GONZALEZ LAW FIRM, P.C. www.felixgonzalezlaw.com have filed a wrongful death civil lawsuit against Bexar County, Bexar County Sheriffs Office, and Deputy John RODRIGUEZ. The lawsuit claims Bexar County, Bexar County Sheriffs Office, and Deputy John RODRIGUEZ violated Jack Butlers civil rights when he was fatally shot seven (7) times by a Deputy John RODRIGUEZ during the investigation of a possible domestic dispute. The Plaintiffs claim Jack Butler was killed as a result of force that was clearly excessive. On September 17, 2010, Jack Butler was at home sleeping on the floor near a bedroom closet where he was found by his mother Betty Butler. Because Ms. Butler was physically unable to help Mr. Butler off the floor, she called a close family friend who is also an EMS provider to come help Mr. Butler. When the family friend arrived at the Butler home, he helped Mr. Butler get up off the floor. Mr. Butler, however, became confused, at which time he attempted to hurt himself with a pocket knife. At that time, the Bexar County Sheriffs Office was called. Before the arrival of Deputy RODRIGUEZ, family members, including Mr. Butlers sister, Shannon Workman, had completely calmed down Mr. Butler and he was no longer attempting to hurt himself or anyone else. When Deputy RODRIGUEZ arrived, Ms. Workman informed him that Mr. Butler was calm and that there was no need for law enforcement assistance. Disregarding this information Deputy RODRIGUEZ got out of his vehicle, walked to the rear of his car, opened his trunk, and put his gloves on. Deputy RODRIGUEZ then walked toward the driveway leading to the Butler home. Deputy RODRIGUEZ stopped at the edge of the street and driveway and identified himself to Mr. Butler who at this time was leaning against the hood of Betty Butlers car. Mr. Butler was standing calmly at the far end of the driveway well inside the property leaning against the car when Deputy RODRIGUEZ called to Mr. Butler and asked him if there was a problem. Mr. Butler responded by asking Deputy RODRIGUEZ to identify himself. Deputy RODRIGUEZ identified himself and put his hand on his holstered handgun. Mr. Butler then began to walk slowly down the driveway toward Deputy RODRIGUEZ,

stopping at times to regain his balance. At all times while Mr. Butler walked toward Deputy RODRIGUEZ, he did so

with his arms up in the air with his palms facing forward, and hands empty. As Mr. Butler walked toward Deputy RODRIGUEZ in this manner, he was shot seven (7) times. When Mr. Butler was shot, he was well within his property and still a safe distance away from Deputy RODRIGUEZ, who was still standing at the edge of the street and driveway. Each of the first two shots fired by Deputy RODRIGUEZ hit Mr. Butler and stopped any further advance by him. After a brief pause, however, Deputy RODRIGUEZ continued firing his weapon, striking Mr. Butler five (5) more times, even as Mr. Butler was going down, until Mr. Butler was still and dead. Mr. Butlers manner of death was declared a homicide by the Bexar County Medical Examiners Office. The autopsy report revealed that Mr. Butler was shot seven (7) times, none of which displayed any evidence of close range firing. Interestingly, this objective evidence is in stark contrast to the statements made by the Bexar County Sheriffs Office shortly after the shooting, in which it was erroneously reported that Mr. Butler was shot four (4) times at close range as Mr. Butler lunged at the deputy. Eyewitnesses to the incident have stated that at the time of the shooting, neither Jack Butler nor any of the other family members posed any threat of serious physical harm to Deputy RODRIGUEZ, anyone from the Bexar County Sheriffs Office, or anyone else around him. These same witnesses all confirm that Mr. Butlers hands were up in the air and empty and that he posed no danger to Deputy RODRIGUEZ or anyone else at the time he was shot and killed. The Plaintiffs claim that Deputy RODRIGUEZs actions were unreasonable and constitute the use of excessive force in violation of the Fourth Amendment to the United States Constitution in that neither Jack Butler nor anyone else posed any immediate danger or threat to the safety of Deputy RODRIGUEZ or to the safety of any member of the public at the time he was shot repeatedly and killed by Deputy RODRIGUEZ. Plaintiffs further assert that Defendants BEXAR COUNTY, TEXAS and BEXAR COUNTY SHERIFFS OFFICE are liable under 42 U.S.C. 1983 because the deprivation of Mr. Butlers constitutional rights was inflicted pursuant to an official policy or custom of Defendants BEXAR COUNTY, TEXAS and BEXAR COUNTY SHERIFFS OFFICE. The deprivation of Mr. Butlers constitutional rights is a direct cause-in-fact of such policy or custom and the policy or custom was the proximate cause of the injuries sustained, and that such policy or custom reflects a deliberate indifference to the risk that a violation of a particular constitutional right will follow the decision. Defendants BEXAR COUNTY, TEXAS and BEXAR COUNTY SHERIFFS OFFICE are also liable under 42 U.S.C. 1983 because (1) their training procedures relating to apprehensions, seizures, self-defense, and the use of

force, specifically training procedures relating to the use of lethal force and the discharge of a weapon are inadequate; (2) Defendants were deliberately indifferent to the safety and the constitutional rights of the public in adopting the training policies; and (3) the inadequate training directly caused Plaintiffs damages. Plaintiffs state that Defendants were negligent by failing to exercise reasonable care to avoid the shooting death of Jack Butler. The Plaintiffs seek damages for the wrongful death of Jack Butler, including conscious pain and suffering, past medical expenses, and loss of inheritance. The lawsuit is pending in the United States District Court for the Western District of Texas San Antonio Division Civil Action Number SA11CA0650-OG.