BURBANK : Suit Dropped Against Police in Shooting

The family of a Burbank man who was shot to death by police after he pointed a pellet gun at an officer has dropped a federal civil rights and wrongful death lawsuit against the city of Burbank and two police officers, officials said Thursday.

Luis (Patrick) Arevalo, 26, was shot outside his apartment in the 1900 block of west Victory Boulevard at Lamer Street on June 5, 1992.

Officials said the family’s decision not to pursue the case exonerates Officer Russell Williamson, who fired at Arevalo after seeing him point what appeared to be a shotgun at another officer. Arevalo’s weapon was later found to be a pellet rifle that was modified to look like a semiautomatic weapon.

“We were prepared to fight it out because we felt the officers were completely justified in their actions,” said Assistant City Atty. Julie Scott. “They were acting in defense of their lives, and I think (Arevalo’s family) realized they just weren’t going to be able to put up a case.”

Arevalo’s wife called police at about 11 p.m. June 4 to report that her husband had beaten her and smashed their car’s windows. Arevalo had left the apartment, but he returned sometime after 4 a.m. and called police, saying he wanted to turn himself in for hitting his wife.

Two officers were sent to check on the family after a police dispatcher talked to Arevalo’s wife and overheard Arevalo in the background, saying he had a shotgun, Scott said.

Williamson and Officer Mark Knight both arrived at the Arevalos’ apartment about 5 a.m. in separate patrol cars. According to police reports, Arevalo pointed his pellet gun at Knight as he emerged from his patrol car and Williamson, who was watching from a distance, fired three times. Two of the shots hit Arevalo, one piercing his heart, killing him instantly.

At the time, several neighbors who saw the incident from their windows alleged that police gave no warning before firing. But police said there was no need to give a warning because of the immediate danger.

Scott said Arevalo’s pellet gun was modified to look like a Mini-14, a semiautomatic rifle that “can shoot through a car’s engine.”

About a month after the shooting, Burbank police said an internal affairs investigation cleared Williamson of any wrongdoing, saying the use of force in such an incident was within department policy because the shots were fired to defend another officer’s life.

Arevalo’s mother, Shirley Arevalo, first filed a federal civil rights suit claiming negligence by the officers. Arevalo’s wife, three children and father later sued for wrongful death and civil rights violations in state court. The cases were later consolidated.

David Hart, an attorney representing the slain man’s family, could not be reached for comment.