Police Officer Must Pay $137,045 to Woman Shot After Theft

A San Diego police officer was ordered to pay $137,045 to a National City woman who was mistakenly shot by the officer when he attempted to apprehend a shoplifter.

Angel Baldenegro, 46, an 11-year veteran of the Police Department, was found liable Monday by a Superior Court jury that deliberated for two days. Baldenegro shot Rosella Esparza in April, 1988, when he fired two shots at Esparza’s friend, Michael J. Donohoe, who was driving the woman’s car and attempting to elude police.

The jury found that Baldenegro used unreasonable force in trying to stop Donohoe, and that he violated Esparza’s civil rights.

According to a police account of the shooting, Baldenegro and his partner, Jim Ryan, were in civilian clothes and were staking out Mervyn’s department store on Saturn Avenue in South San Diego. Police were responding to merchants’ complaints of numerous thefts at the shopping center.

The two officers reportedly saw Donohoe walk out of the store with a stack of jeans. Baldenegro and Ryan identified themselves and attempted to stop him, police said.

Donohue ignored the officers’ orders to stop, jumped in Esparza’s car and attempted to run them over, police said.

Baldenegro fired two shots at the vehicle but missed Donohoe. Raymond Buendia, one of two attorneys who represented Esparza, said one shot went through Donohoe’s sweater, barely missing him, and struck the woman in the thigh, fracturing her femur.

“Our argument was that the officer used unreasonable force to stop what was essentially a misdemeanor crime,” Buendia said.

Baldenegro and Deputy City Atty. James Chapin were not available for comment Tuesday. Initially, the city was also listed as a defendant in the civil suit filed by Esparza. The lawsuit was dropped because of a legal technicality, Buendia said.

Donohoe was later arrested and convicted of burglary and assault on a peace officer, and was sentenced to state prison, Buendia said. Esparza was not charged in the shoplifting incident, even though she accompanied Donohoe to the deparment store knowing he intended to steal the jeans, Buendia said.