Parents File Claim on City in Police Slaying of Trowel Wielder

The parents of a man shot and killed on Interstate 5 by a San Diego police officer after he brandished a cement trowel in a threatening manner filed a $5-million claim with the city Wednesday.

Candelario and Manuela Lopez, of Culiacan, Mexico, filed the claim against police officer Thomas O’Connell and the city. O’Connell, 29, shot Jose Eleazar Lopez Ballardo, who police said was mentally disturbed, on May 21, near I-5 and Ardath Road.

The claim was filed late Wednesday by attorney Raymond Buendia, and O’Connell and city officials could not be reached for comment. The city has 45 days to respond, before the claim is elevated to a lawsuit.

Lopez’s parents, who work as caretakers for a wealthy landowner, charged that O’Connell “discharged his weapon without justification, as he was not threatened” by Lopez. O’Connell was accused of negligence, recklessness and violating Lopez’s civil rights.

The San Diego Police Department’s shooting policy “encourages and fosters an unwritten policy to shoot and kill without justification,” the claim alleges. However, Dist. Atty. Edwin Miller ruled the shooting justifiable after an investigation by his office and declined to pursue charges against the officer.

Buendia said the FBI is investigating the shooting to determine if O’Connell violated Lopez’s civil rights. The attorney said the FBI initiated the investigation at the request of the Mexican Consul.

According to a San Diego police account of the incident, California Highway Patrol Officer Carlos Gutierrez spotted Lopez walking in the northbound lanes of I-5, carrying a bucket of masonry tools. Lopez, who was a native of Mexico, refused Gutierrez’s offer of a ride.

Police said that Gutierrez grabbed Lopez, pushed him away from the freeway and began hitting him with his police baton. Lopez, police said, retaliated by cutting Gutierrez’s hand with a cement trowel and breaking a level against his body.

Lopez ran across the freeway as cars swerved to avoid him. Gutierrez drove to the next exit and turned around, heading south on I-5, where he found Lopez walking across the southbound lanes, police said.

CHP Officer William Shipley arrived to assist Gutierrez, and both men confronted Lopez with their batons, according to police. Lopez responded by waving his metal trowel at them, said police. O’Connell heard the two CHP officers’ request for help over his police radio and arrived to assist.

When he arrived at the scene, O’Connell drew his pistol and ordered Lopez to drop the trowel. According to police, Lopez approached O’Connell, waving the trowel and pounding on at least one car. When Lopez advanced to about 10 feet from him, police said O’Connell fired several shots, killing the man.