Mar 16, 2007 11:17 pm US/Central
Widow Sues Police, Says They Caused Spouse's Death
by Jack Fink
(CBS 11 News)
A North Texas woman has filed a federal lawsuit against the Allen Police Department and claims officers used excessive force, causing her husband's death.
Lorena Vera says it's still difficult to deal with her husband Edgar's death more a year and a half later.
"For me, it's not like one to two years ago," she said. "No, for me, it's like it's happening now."
The lawsuit says three officers violated her husband's constitutional rights. "He was a good citizen. He worked, he never had a problem with the police."
That August 2005 day, a neighbor became suspicious and called police when Vera was seen in his car waiting for his cousin to return home.
Lorena Vera said when police responded, they discovered her husband had a warrant for an unpaid seatbelt violation.
Police said when they tried arresting him, he actively resisted and they had to subdue him with pepper spray.
Vera's attorneys said officers also performed a choke hold on him and he stopped breathing.
Police said they started CPR and called paramedics.
The medical examiner said Edgar Vera died of positional asphyxia.
Allen police said they won't comment on the lawsuit, but have previously denied their officers did anything wrong.
Vera and her attorneys strongly disagree.
"We don't live in a dictatorship where police have unbridled authority to do whatever they feel like doing," attorney Michael Hindman said.
"Our constitution places limits on police power and in this case, the Allen Police Department and its officers clearly exceeded that power."
Vera is seeking general and punitive damages.
"I can never feel like before because my husband was my support."
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
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