Sepulveda Man Faces Gun Charge : Paraplegic Sues Police in Shooting

A Sepulveda man has filed lawsuit alleging that a Los Angeles police officer shot him in the stomach without cause, paralyzing him from the waist down.

Jaime Cardona, 25, was shot as he was being handcuffed by an officer March 23. The $10-million lawsuit alleges that he was “negligently . . . carelessly and intentionally assaulted and battered” by officers Jayne Weaver and Peggy Mosley, who along with the city, are named as defendants.

Police said Cardona was shot after he grabbed at Weaver’s gun. He has been charged with assaulting a police officer with a firearm and two lesser charges related to the scuffle. He also is charged with carrying a loaded firearm in a vehicle in the city.

The incident occurred in a parking lot outside Cardona’s apartment about 8:30 p.m., according to police reports. Police said Weaver and Mosley were dispatched to the corner of Columbus Avenue and Parthenia Place in Sepulveda after a neighbor called police to report a man with a gun.

When officers arrived they said a neighbor referred them to Cardona, who was sitting inside his car. When police attempted to talk to him, he drove a short distance to the parking lot in the 8700 block of Parthenia Place, according to police reports.

The two officers took positions behind their open car doors and ordered Cardona out of the car with his hands up, the report said. They said he got out of the car but ignored officer’s orders to raise his hands and stand still. Weaver said Cardona walked up to her and grabbed at her service revolver in her holster, touching off a struggle.

Moseley, who was armed with a shotgun, then fired one shot, striking Cardona in the stomach, police said.

Cardona’s attorney, Donald H. Cohen, said his client got out of the car and walked towards the officers with his arms extended to show that he had no weapons. Weaver approached him and pulled one arm behind his back to handcuff him, Cohen said.

At that moment, Cardona “might have” reached for the officer’s hand, Cohen said, but he was not grabbing for her gun.

“He had at least one arm behind his back, there was no reason to shoot him, especially considering the fact that he never fired at anyone,” Cohen said.

Cohen said Cardona did have a shotgun in the trunk of his car.

Cohen said he has spoken to seven people who saw the shooting who say that Cardona did not have a gun with him, nor did he try to take the gun away from Weaver.

A preliminary hearing on the charges was postponed Tuesday until Sept. 13. In an unusual move, the defense witnesses will testify at that hearing, which will determine if Cardona must stand trial.

Generally, only prosecution witnesses testify at preliminary hearings where judges must find only that “a reasonable suspicion” exists that a crime occurred.

Cohen said he is calling witnesses in this case because he feels strongly that the charges should be dismissed.