Sheriff’s Deputy Sued Over Shooting at Party

A Fillmore man has filed a federal lawsuit against a sheriff’s deputy who shot him in the back during a heated argument at a wedding reception last year.

In his complaint, Anthony Morales, 52, alleges that Ventura County Sheriff’s Deputy Tonya Herbst used “excessive and unreasonable force” when she fired at Morales and his 26-year-old son as the men argued outside the Fillmore-Piru Veterans Memorial Building.

Herbst’s shot struck Morales in the back. She and Ventura County are named as defendants in the suit, which was filed Monday in U.S. District Court in Los Angeles.

The May shooting occurred after Morales’ son, Chad, was asked to leave the reception, where tensions had run high.

Anthony Morales, a former Fillmore police officer, testified during a preliminary hearing that his son was agitated and “quite intoxicated.”

Chad Morales, an Army veteran, left the party but later returned wearing a military jacket and carrying a gun, according to testimony in the criminal case.

Authorities were called and arrived to find father and son arguing outside. Responding deputies said Chad Morales was ordered to drop his weapon as many as 20 times.

But, according to Herbst, he instead pointed the gun at her, prompting her to fire her 9-millimeter handgun. The bullet missed the younger Morales, but struck his father in the back.

Anthony Morales was rushed to Santa Paula Memorial Hospital for surgery and eventually recovered, though the suit alleges that continuing medical treatment is expected.

An investigation by the Ventura County district attorney’s office supported the deputy’s version of events, said Sheriff Bob Brooks, who added that the “deputy’s actions were justified.”

Still, Brooks said he was not surprised by the excessive-force suit.

“It’s certainly not uncommon to be sued after almost any shooting,” Brooks said. “It happens almost universally.”

The lawsuit, however, gives a radically different version of events, alleging that the elder Morales had already wrested the gun away from his son and had called out to deputies that “everything was under control and not to shoot,” the suit said.

After the shooting, authorities arrested Chad Morales, who was charged with drawing a firearm in the presence of a peace officer. He pleaded guilty to the felony charge earlier this year and was sentenced April 17 to 120 days in County Jail and three years’ probation.

Herbst, hired by the department in 1997, was placed on leave for about three days after the incident, as is required after all officer-involved shootings, Brooks said. She has since resumed her post as a patrol officer in Fillmore.