Slain Man’s Family to Sue Over Shooting

The attorney for a man whose twin brother was fatally shot by an off-duty sheriff’s deputy in Palmdale characterized the incident as “coldblooded murder” and said Sunday that he plans to sue the Sheriff’s Department.

Wayne Marshall of Los Angeles called the unidentified deputy who fired the single shot that killed 26-year-old Michael Ballestero of Sylmar a “vigilante.” Marshall also accused detectives of “protecting their own” by not giving him information about the Saturday afternoon shooting.

Sheriff’s officials said the incident was being investigated and declined to comment on Marshall’s accusations.

“We have concluded that this was an indefensible, unprovoked coldblooded murder, an act that bespeaks of a vigilante mentality--a mentality that one would rather not believe still exists in a civilized society,” said Marshall, who was retained by the Ballestero family.

Marshall’s accusations stem from an altercation between the 36-year-old deputy and Ballestero, his twin brother, Matthew, and two other unidentified men. Matthew Ballestero and the two other men were detained for questioning after the shooting.

All three were released Sunday. Marshall said he plans to sue the department for wrongful death, false arrest, false imprisonment, violation of civil rights and assault.

Two different accounts of the incident emerged Sunday.

According to sheriff’s officials, the deputy, who is assigned to an administrative division, was driving with his family on Palmdale Boulevard near 30th Street East at 4:45 p.m. Saturday when a pickup truck carrying the Ballestero brothers and two others pulled alongside. Sgt. Joaquin Herran said the men shouted obscenities and made obscene gestures at the deputy.

Marshall, on the other hand, said the four men were driving home from a picnic and tried to pass the deputy, who would not let them by.

Herran said the deputy and the other men pulled into a parking lot at 2106 Palmdale Blvd.

As the men got out of the truck and walked toward the deputy, he ordered them to leave him and his family alone and drew his gun, Herran said. Marshall agreed there was an exchange between the men and the deputy, but would not characterize its nature.

The deputy fired one shot into the ground and again warned the men to go away, Herran said. Michael Ballestero, however, continued to walk toward the deputy in a threatening manner, Herran said.

The deputy fired once, hitting Michael Ballestero in the chest. He was pronounced dead at 5 p.m. at Palmdale Hospital Medical Center.

Marshall said the man was more than 30 feet from the deputy at the time of the shooting.