Local News in Brief : Westminster : Council Rejects Claim for $100 Million in Death

The City Council has unanimously rejected a $100-million wrongful death claim by the family of Frank Martinez, 18, who was killed by a Westminster police officer.

The City Council’s action at a meeting Tuesday night clears the way for the family to sue the city. The claim seeks $10 million for each of the 10 members of the Martinez family, including an aunt and uncle of the dead man who were present the night Martinez was fatally shot.

Attorneys for the Martinez family could not be reached for comment.

The shooting is under investigation by the Orange County Grand Jury, the district attorney’s office and the FBI, which is investigating whether any civil rights violations occurred.

Since the July 15 shooting, police and the Martinez family have offered dramatically different accounts of the events that led to the back-yard confrontation, which has strained relations between authorities and residents of the predominantly Latino neighborhood.

Police contend that the shooting was justifiable. Three officers who had chased Martinez into his back yard had their batons taken away and were in jeopardy of losing their guns, according to police officials.

Martinez was shot when he allegedly charged an officer with a beer bottle.

The family, however, has contended that police were abusive, used insulting racial language and shot Martinez, who was unarmed, as he tried to get up and run away.