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'Spin' or error? Girl shot by CHP officer disputes description of injuries
| Thursday, Sep 25 2008 4:06 PM
Last Updated: Monday, Sep 29 2008 7:59 AM
When a 14-year-old girl was shot Sunday by a California Highway Patrol officer, the CHP reported she suffered a minor wound to her neck that may have been caused by a bullet, a fragment or simply a shard of flying glass.
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Jennifer, the 14-year-old girl, who was allegedly shot by a CHP officer on Sunday. Her family reportedly plans to sue the CHP. The photo was taken by her attorney. (Photo courtesy of Daniel Rodriguez)
“That’s spin,” said attorney Daniel Rodriguez, who is representing the girl in a pending lawsuit.
The injuries suffered by the girl, who was identified only as Jennifer, don’t appear to square with the CHP’s initial description, which failed to mention a second wound.
An entry wound near her right collar bone and an exit wound on the left side of her chest near her armpit are evidence of a penetrating bullet wound, Rodriguez said.
“This was a serious injury,” he said. “If the bullet was just one millimeter off and hit her windpipe or arteries, she wouldn’t be here today.”
With bandages covering the right side of her neck and the left side of her chest, the victim certainly doesn’t think the injury was minor, Rodriguez said.
The girl was shot Sunday as she rode in the front-passenger seat of a car on a rural road near Edison.
Responding to reports of street racing, CHP Officer David Mata and his partner, Jose Magdaleno, arrived at the scene not long after midnight. After stopping one car to question its occupants, Mata fired one shot at a moving car that was accelerating toward him, according to the CHP.
Rodriguez said the shot came through the passenger-side window, striking his client.
The driver sped away, but the CHP has not said whether the officers pursued the fleeing vehicle.
The driver of the car, originally misidentified by the CHP, was later identified as 21-year-old Alberto Gayton Lopez. He is under investigation by the sheriff’s department but had not been arrested as of Thursday evening.
The Highway Patrol has begun an internal investigation of the officer-involved shooting in the wake of an acknowledgment by the CHP that Mata and Magdaleno may not have reported the shooting and immediately secured the scene as required by CHP policy.
Authorities first learned of the shooting at about 2 a.m. Sunday after contacting the victim at Kern Medical center. At least 90 minutes had elapsed since the shooting.
Mata and Magdaleno were placed on paid desk duty pending completion of the investigation. The CHP released no new information Thursday.
According to Rodriguez, Mata was estimated to be about 6 feet away from the vehicle when he shot through the rolled up window of the car.
Jennifer, Rodriguez said, turned her head to the left just as a bullet crashed through the window. It struck her at a point near where her collarbone meets her sternum.
“The bullet comes out her left chest close to her armpit,” Rodriguez said. “She could have easily been killed. She’s a very lucky girl.”
In addition to the bullet wounds, Jennifer also suffered cuts to her neck and chest from fragments of the broken window, her attorney said.
Rodriguez said he plans to file a government claim against the CHP in a few weeks. After the CHP replies to the claim, Rodriguez expects to file a lawsuit alleging the officer used excessive force.
“We give an amount of power and authority to law enforcement to carry a gun and to do deadly force,” Rodriguez said. “Along with that power and authority, there comes a responsibility to use deadly force safely.”
Jennifer is taking antibiotics for her injury, Rodriguez said. She was advised to stay home from school for a week.
— Staff writer Steven Mayer contributed to this report.