In February of last year, the wife and children of Juan Olvera Preciado sued the City of Guadalupe and its police department after he was struck and killed by a stray bullet fired by an officer.
Local attorney James McKiernan tells KSBY that lawsuit resulted in a $4 million settlement; but now, Olvera Preciado’s brother has filed his own lawsuit.
Olvera Preciado’s brother filed the lawsuit on behalf of their late father and himself.
The suit claims the death of Olvera Preciado could have been prevented, if not for the alleged inefficient training measures in place for Guadalupe police officers.
Authorities say the accidental killing took place after Guadalupe police officers stopped and confronted a felon who had a warrant out for his arrest.
According to a report from the California Department of Justice, Officer Miguel Jameis fired three shots in the direction of the suspect when it appeared he was holding a gun. One of those bullets ricocheted off the street, hitting and killing Olvera Preciado who was sitting in his car in front of his home.
Additionally, the lawsuit alleges that Officer Jameis was aware that there were people in the immediate area at the time and that it was unsafe to fire at the backdrop of neighborhood homes.
The suit also claims that while the incident took place during “pitch black” hours, light from nearby homes, streetlights and patrol cars should have illuminated the scene well enough for Officer Jameis to have known not to open fire.
A January investigation from the DOJ found that Jameis acted in lawful self-defense and would not be facing criminal charges.
Attorney James McKiernan says his clients are looking to move forward with mediation and settlement with the City of Guadalupe.
KSBY News reached out to the Guadalupe Police Department, mayor and other city officials for comment on the case, but none were available.
