Wrongful Death Suit Filed in Boys’ Slayings

Seeking to protect his assets for his sole remaining son, Xavier J. Caro has filed a wrongful death lawsuit against his wife after her lawyers demanded $550,000 for her legal defense.

The complaint alleges that Socorro “Cora” Caro fatally shot three of her sons, and it seeks damages to compensate Xavier Caro for “the lost love, companionship, comfort, affection, society, solace and support of Joey, Michael and Christopher.”

The brothers, who were 11, 8 and 5, respectively, were each shot in the head on the night of Nov. 22 at the Caros’ Santa Rosa Valley home. Their mother was found bleeding in the head from an apparently self-inflicted gunshot wound and was subsequently arrested on suspicion of their murder.

Prosecutors expect to file murder charges against Cora Caro before the end of the week, and her arraignment is scheduled Friday in Ventura County Superior Court. She is being held without bail in the medical ward of the County Jail, where she remains under close observation, said Eric Nishimoto, spokesman for the Sheriff’s Department.

Allegations made in the suit filed Tuesday paint a fuller picture of the night of the shootings.

That night, Xavier and Cora “had an argument over a trivial matter” while the children slept, according to the complaint.

Xavier Caro then allegedly went to his office to work, and when he returned home he found his wife lying on the floor of the master bedroom, bleeding from a gunshot wound. He called 911, and only after the operator asked if any children were in the house did he discover the bodies of his three boys, the lawsuit alleges.

Still reeling from his sons’ violent deaths, Xavier Caro is now caring for the couple’s only surviving child, 15-month-old Gabriel, said Caro’s brother, Raul. The fallout from the tragedy--including funeral expenses, lost earnings and legal fees for his divorce, for which he filed last week--has also drained the doctor’s finances.

Xavier Caro, who plans to sell the home where the killings occurred, is living in a hotel with Gabriel, according to his brother.

Monetary demands made by his wife’s lawyers for her legal expenses stunned Caro and “brought him a lot of anguish,” said Raul Caro. His brother was forced to take legal action to avoid financial ruin in light of the defense lawyers’ request for payment, he said.

“This is a huge amount of money, even for my brother who is a physician,” said Raul Caro. The civil lawsuit is a “fight for Gabriel”--the Caros’ baby who was spared in the shooting--”so that such outrageous demands by the defense for such a huge amount of money will not leave Gabriel or him out on the streets.”

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But the couple does have sufficient assets to pay lawyers, claims Cora Caro’s divorce attorney, Rand E. Pinsky. In a letter dated Dec. 13, Pinsky stated that the legal fees for his client’s criminal attorney, Richard Plotin, would cost $500,000, plus an advance of $50,000.

The letter, addressed to Xavier Caro’s Brentwood divorce attorney Henry Friedman, then asked that the doctor immediately agree to a “community loan” of $550,000 to pay for his wife’s legal defense. The letter lists $600,000 to $800,000 as the equity value of the couple’s Presilla Road home, as well as investments and properties they own.

Pinsky noted that Cora Caro’s parents have already depleted their retirement accounts to loan their daughter $60,000 to pay lawyers, and that “they should not be responsible for her legal defense.”

“The normal procedure in a criminal matter is that defense costs are prepaid,” the Agoura Hills attorney said Wednesday, adding that he planned to ask a judge today to award his client the money needed to pay for her criminal defense.

Cora Caro is entitled to her share of the couple’s mutual assets. Pinsky said he was unaware of any prenuptial agreement that would cut her out of the family money.

“Cora Caro is entitled to a defense, and nothing he does can prevent her from receiving that defense. And my first obligation is to secure legal representation for her in the criminal case,” Pinsky said.

Plotin, an Encino attorney, could not be reached Wednesday for comment.

Keith Sipprelle, the Santa Monica attorney representing Xavier Caro in the lawsuit, declined comment.

According to legal experts, the wrongful death lawsuit will have no effect on the pending criminal case, and they predicted that any civil trial will be put on hold until a jury rules on the murder charges.

“When you have civil and criminal proceedings over the same matter, the civil case often piggybacks heavily on the criminal proceeding,” said USC Law School professor Erwin Chemerinsky.

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That is because the outcome of the criminal trial could resolve key issues for the civil case. “If you can prove she is guilty beyond a reasonable doubt, it establishes her liability,” Chemerinsky said.

The wrongful death case could be delayed for other reasons, legal analysts said.

With a homicide investigation underway, there is little Xavier Caro’s attorneys can learn in the next few months that would make a difference in the lawsuit they filed.

And by waiting for the conclusion of the criminal trial, lawyers in the wrongful death case can use evidence generated by police rather than having to hire private investigators.

Because of 5th Amendment concerns, Xavier Caro’s lawyers also cannot compel Cora Caro to give a deposition while the criminal charges are pending, said Ventura attorney David Shain, who practices civil and criminal law.

“The defendant in a criminal case cannot be compelled to testify. She has a right against self-incrimination,” Shain said.

Pinsky declined to comment on how Cora Caro is coping with the legal actions looming over her.

He said her family “is supportive of her, and they want to continue a relationship with the child.”

FYI

A memorial fund benefiting the library of Santa Rosa Elementary School, which Joey, Michael and Christopher Caro attended, has been set up. The address is: Caro Memorial Fund, c/o Santa Rosa Elementary School, 13282 Santa Rosa Road, Camarillo, CA 93012.