$23.8-Million Suit Filed Over Slaying : Litigation: Family of woman killed by estranged husband, a police officer, says the LAPD is to blame for her death.

The family of a woman fatally shot last August by her estranged husband, a Los Angeles police officer, is suing the city for $23.8 million, complaining that the Police Department gave him back his gun before the slaying despite evidence he was distraught and threatening violence.

Officer Victor Felix Ramos used his police-issued 9-millimeter Beretta to fire 20 rounds at Melba Terre Ramos in front of their three sons in his wife’s Glendale apartment, the federal suit claims.

Ramos also killed his wife’s lover, Gregory Rico Thomas, before committing suicide Aug. 13, 1992. The children were not harmed.

“It couldn’t be more of a difficult situation for three young boys,” said their attorney, Dana Taschner. “ . . . No amount of money is going to replace the love and parenting they have lost.”

The lawsuit, filed Wednesday in U.S. District Court in Los Angeles, also names Mayor Tom Bradley and former Police Chief Daryl F. Gates as defendants.

The mayor’s press secretary declined comment because the case is pending. Gates denied that the police had any responsibility for the killings.

“We continue to look for extremes rather than just simply accepting the responsibility for what we do,” Gates said. “Clearly, (Ramos is) responsible for what he’s done--no one else is responsible.”

The lawsuit also seeks unspecified punitive damages for the 11 plaintiffs: Melba Ramos’ three sons, ages 4 to 6; her parents, and her six brothers and sisters.

The suit alleges that police officials were aware of Victor Ramos’ emotional problems, which grew after he learned of his wife’s relationship with Thomas.

In May, 1992, according to the suit, the department placed Ramos on leave after he told his superiors about a violent confrontation with his wife. In interviews with police internal affairs investigators, Melba Ramos confirmed that her husband had beaten and threatened her, the suit said.

Police said Ramos agreed to turn in his service pistol, take some time off and seek counseling from department psychologists. But the weapon was handed back to him June 4 after a psychologist determined that the officer was fit to return to patrol.

“The killing of Melba Terre Ramos by a Los Angeles police officer with a Los Angeles Police Department weapon was a foreseeable event that defendants could have and should have prevented,” the complaint said.

“Melba Terre Ramos was unarmed and helpless, and in no way posed any threat to the safety of any person.”

The three boys are now living in Fontana with one of Melba Ramos’ older brothers, Bernabe Terre. He and a sister, Melita Wynn, have been named legal guardians for the children, attorney Taschner said.