Lawsuit, investigation of 20-year-old’s death at La Gran Plaza continue 1 year later
Legal proceedings in the case of Brandon Zapata, who experienced a medical emergency after he was restrained and handcuffed by security officers at a south Fort Worth shopping center continue a year after the 20-year-old man’s death.
The afternoon of April 11, 2023, Zapata was detained at La Gran Plaza. According to police, Zapata was “acting erratically” and mall security guards, including an off-duty Fort Worth police officer, restrained him and put him in handcuffs.
Police said that after Zapata showed signs of “medical distress,” officers removed his handcuffs. They and paramedics tried to revive Zapata but were unsuccessful.
Zapata’s mother, Gloria Ortiz, said her son suffered from asthma and didn’t have his inhaler with him. The family said they believe Zapata’s erratic behavior was a result of an asthma attack and the security guards’ actions impeded his breathing.
The Tarrant County Medical Examiner’s Office ruled Zapata’s death a homicide in October, and said his death was caused by acute asthma exacerbation complicated by mechanical asphyxia and methamphetamine.
Criminal investigation
The Tarrant County Criminal District Attorney’s Office has been reviewing an investigation into Zapata’s death to see if criminal charges are warranted against the off-duty Fort Worth police officer who restrained and handcuffed him.
The criminal investigation was ongoing as of March 4, according to court documents in a civil case. There’s not a record of the case going before a grand jury.
An attorney representing the officer didn’t reply to the Star-Telegram’s request for comment.
“Our standard process involves Major Case submitting their investigation to the DA’s office for review,” Fort Worth Police Department spokesperson Tracy Carter told the Star-Telegram in an email. “The DA’s office would determine what, if any, charges might be appropriate and would then make the decision whether or not to submit to Grand Jury.”
Wrongful death lawsuit
A civil lawsuit connected to Zapata’s death is also still pending.
Ortiz filed the wrongful death lawsuit on Sept. 22 in Tarrant County against the companies that own and manage La Gran Plaza. Ortiz mentioned two security guards, identified as John Doe Number One and John Doe Number Two in her lawsuit.
In an amended lawsuit filed Jan. 23, Ortiz listed the off-duty officer as a defendant along with two other security guards employed by La Gran Plaza. On March 4, attorneys for the officer filed an emergency motion to stay or abate Ortiz’s lawsuit until the criminal investigation was resolved, which is typical procedure in cases that involve both civil and criminal components.
Ortiz filed a second amended lawsuit on April 1 substituting the City of Fort Worth as a defendant in place of the officer. The two other security guards — a man and a woman — are still listed as defendants along with the companies that own and manage La Gran Plaza.
According to the lawsuit, Zapata experienced a medical emergency at the mall. He approached a female security guard, who was stationed near an entrance, and asked for water and a paramedic.
Although she admitted Zapata wasn’t a threat, the defendant “in the course and scope of her duties, called police instead of calling a paramedic,” the lawsuit states.
Video shows moments before Zapata’s death
In security video released by police, Zapata seemed to be in either physical or mental distress and was stumbling around near an entrance at the mall. In the 15 minutes before on-duty Fort Worth police arrived, the off-duty officer appeared to try to calm Zapata and get him to sit down. Then the officer and another male security guard tried to restrain Zapata by the arms as he attempted to stand and grew more and more agitated.
It appears near the beginning of the video that Zapata had soiled himself, and soon after he can be seen pulling down his pants. Minutes later, Zapata lurched into the officer and the other guard. Zapata and the other guard fell to the ground.
Another man, who witnesses told the Star-Telegram was a passerby, approached and helped the two male guards subdue Zapata. Cellphone video from another angle, provided to the Star-Telegram by a bystander, shows the man and the officer kneeling on Zapata’s back at one point as they hold him down and try to handcuff him while he kicks his legs.
Fort Worth police officers arrived around this time, and body-camera footage shows Zapata groaning on the floor while lying face-down with his hands restrained above his head in handcuffs. About a minute-and-a-half later, he appeared to stop moving or making sounds as officers worked to handcuff him behind his back. After he was cuffed, the off-duty officer sat Zapata up and told him to breathe and “wake up.”
“Breathe, breathe,” the officer can be heard saying. After realizing Zapata was not responding, officers removed the handcuffs, laid him on the floor and began CPR. The officers providing first aid say a couple of times that he has a pulse but it is weak. An officer is heard saying that he believes Zapata might have smoked something, and the officers attempt to give Zapata Narcan, the video shows.
According to the lawsuit, the off-duty officer and the other two security guards “falsely imprisoned” Zapata. The 20-year-old continued to say he couldn’t breathe and asked for an ambulance.
“Brandon was unable to get emergency medical care, stopped breathing and died,” the lawsuit states.
Defendants deny allegations, argue self-defense
The lawsuit alleges that the “defendants’ wrongful acts and omissions” caused Zapata’s death.
The City of Fort Worth failed to properly supervise the off-duty officer, according to the lawsuit. The companies that own and manage La Gran Plaza — Town Center Mall L.P., Town Center Property LLC, Boxer Property Finance L.P., Boxer Property Management Corporation, Grupo Zocalo L.P., Grupo Zocalo Management LLC, Boxer RE L.P. and Boxer GM L.P. — failed to adequately train and supervise the other two security guards, the suit alleges.
Ortiz requested a jury trial and is asking for “damages in an amount within the jurisdictional limits of the Court; together with pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law.”
The off-duty officer argued that he is entitled to immunity from the lawsuit and denies all of the allegations contained in Ortiz’s lawsuit, according to court documents.
“Defendant was legally justified in all actions related to Plaintiff’s claims and was lawfully acting in self-defense and defense of others,” the document states. “Plaintiff, through his own actions, was the proximate, producing, sole, and/or contributory cause of his own damages.”
In a response filed with the court, La Gran Plaza’s owners and management also denied the allegations and argued the guards’ actions were justified and in self-defense.
Ortiz’s attorney has not replied to the Star-Telegram’s request for comment.
The trial is currently set for the week of May 19, 2025, according to court documents.
Carter, the Fort Worth Police Department spokesperson, said the department’s internal investigation into the off-duty officer won’t be complete until the DA’s Office has made its decision on whether the case should go to a grand jury.
“Employees are not typically terminated, if reasons exist, until the entire process is complete,” Carter said. “No other details are available at this time.”
