Costa Mesa : Mother of Slain Youth Sues for $1.1 Million

The mother of a 15-year-old youth who was slain at a Costa Mesa car shop seeks $1.1-million damages in a lawsuit filed Thursday against the shop owner.

At a press conference, attorney Gary J. Sodikoff claimed that businessman Eric V. Holt was negligent and used excessive force when he surprised David A. Gallardo as Gallardo and a companion attempted to drive away from an alleged burglary at Holt’s shop. Authorities have said that Gallardo was fatally shot by Holt.

The suit was filed in Superior Court on behalf of Gallardo’s mother, Alva Graciela Dick of Costa Mesa. The announcement was made at a news conference in Santa Ana attended by Dick and her husband, Stan.

Although it is a widely held belief that property owners have a right to protect themselves and their property, Sodikoff said, this “does not include the right of deadly force.”

The shooting occurred just after midnight on Oct. 29 as Gallardo and a companion allegedly were stealing expensive alloy wheels from a Porsche parked in front of Holt’s shop, Holtz VW Repair. Police said lug nuts from one of the wheels later were were found inside Gallardo’s car. The case is in the hands of the county grand jury.

Holt, who has been unavailable for comment, has told police he shot Gallardo unintentionally with a shotgun after the youth suddenly raised his hands as if he had a weapon.

Gallardo’s mother seeks $1 million in punitive damages, $100,000 for general damages, $5,000 for medical expenses and another $2,000 for funeral and burial costs.