TUSTIN : City Rejects Claim in Boy’s Fire Death

The City Council has rejected a multimillion-dollar claim filed by Joseph De La Riva, the man who was prevented by police from entering a burning apartment building last May to save his 4-year-old son.

The fire apparently started on the living room couch, where De La Riva’s youngest son was playing with matches. After helping four of his children reach safety, he realized Jimmy was still inside a bedroom.

De La Riva tried to reenter the apartment, but was restrained by police as he listened to the boy’s cries for help. A firefighter and a police officer were injured in an unsuccessful attempt to rescue him.

The family plans to sue the city and county for up to $30 million for wrongful death, intentional infliction of emotional distress and other damages.

Richard C. Gilbert, De La Riva’s attorney, said the case will set a precedent because it will decide whether a police officer can stop a citizen from saving the life of his own child on his own property.

“This is going to be a very important case for the city of Tustin and for police departments around the country,” Gilbert said. “There are some cases that say that if a police officer injures you while trying to save you, then he has immunity but he can’t try to stop you in the first place from trying to save someone else.”

Tustin City Atty. James Rourke said that although the situation was tragic, the city is not liable.

“The policemen and firemen are professionals and are paid to go in and save people,” he said. “They know when it’s possible and when it’s not. All they would have had on their hands is two deaths rather than one if they hadn’t restrained De La Riva.”

The De La Rivas have been unable to hold jobs since the fire because of stress, but have been making ends meet with federal aid and donations from community members, Lori De La Riva said.

However, she said their marriage has deteriorated and fights have become frequent. Since the fire, Joseph De La Riva has been arrested o suspicion of assaulting his wife and driving under the influence of alcohol. He is in the Orange County jail pending disposition of the assault complaint.