Family of man killed by Grapevine cop files federal civil rights suit

The family of a Mexican national who was fatally shot in February by a Grapevine police officer on the side of a Euless freeway has filed a civil rights suit in Dallas federal court.

Rubén García Villalpando, 31, of North Richland Hills had been pursued by Grapevine police officer Robert Clark for a few minutes on Feb. 20 until Garcia pulled over on Texas 121 in Euless.

Garcia, who was unarmed, did not immediately respond to Clark’s shouted commands and asked if the officer was going to kill him, according records obtained by the Star-Telegram.

On Wednesday, García’s widow, Martha Anjelica Romero, sued the city of Grapevine, Grapevine Police Chief Eddie Salame and Clark.

The suit lists Romero, García’s parents and his children as the plaintiffs.

“We expect a verdict will be over $1 million-plus,” Domingo Garcia, the family’s Dallas-based attorney, said Thursday.

“It’s impossible to put a value on a human life. We are talking about a young man in his early 30s leaving multiple children behind.”

Fernando Romero, García’s brother-in-law, said: “My sister wants something settled for her kids. Since her husband is not there anymore — she needs help. He was the income of the house. So they are disadvantaged right now.”

In May, a Tarrant County grand jury declined to indict Clark on a criminal charge.

The family’s suit says García’s civil rights were violated by his “unprovoked shooting” when he moved toward the officer, unarmed, with his hands up.

“The shooting of Rubén García Villalpando was totally unnecessary under the circumstances as he posed no immediate threat of serious physical harm to Officer Clark,” the suit states.

Clark told grand jurors he feared Garcia could have easily pushed him into oncoming traffic.

“Officer Clark wholly failed to render any medical care to Rubén García Villalpando in the critical moments after he was shot,” the suit states. “The failure to provide any medical care to Rubén García Villalpando was a proximate or producing cause of his death.”

The suit says the Grapevine police department maintains a policy of police brutality and excessive force, does not properly train its officers on the use of deadly force or how to give medical attention after they shoot people.

A Grapevine police spokesman declined to comment Thursday, referring questions to City Attorney Matthew Boyle, who did immediately return a phone message and email.

Tyler-based attorney William Hommel Jr., a civil rights specialist, has joined Garcia’s legal team for the suit. They are asking for a jury trial.

This story was originally published September 24, 2015 at 7:33 PM with the headline "Family of man killed by Grapevine cop files federal civil rights suit."