SACRAMENTO, CA – Court documents here show a Sacramento County Superior Court judge may—although the final ruling has yet to be recorded—decide the California Highway Patrol should be left off the hook in a Roseville Park shooting in 2023 that left an innocent person dead, said KCRA News.
The KCRA report earlier in August noted the CHP had a wrongful death lawsuit filed against it and officers after a “deadly” hostage incident at Matheny Park when a search warrant was being served.
The lawsuit notes officers returned gunfire against suspect Eric Abil, who had taken two hostages—James MacEgan was killed by the flying bullets, and his wife, Patricia, was injured.
In the suit filed by Patricia, the pleading, said KCRA, listed four causes of action, including “wrongful death due to negligence of public employees in the course of their employment, personal injury due to negligence of public employees in the course of their employment, wrongful death or personal injury due to intentional or reckless conduct and survivor’s action.”
The filing stated the officers “recklessly failed to follow procedures and standards” of California and CHP, and claimed CHP “did not alert other local law enforcement of their intention to service the warrant and contact Abril, a ‘known dangerous felon.’”
KCRA reported, “Negligent planning was ultimately the proximate cause of death for James and the injuries Patricia sustained, the suit alleged. The state of California moved to dismiss the suit.”
In the tentative ruling, the court cited said law enforcement immunity probably protects the officers from the lawsuit. Abril has a court date Sept. 10.
An ultimate decision by the judge in the lawsuit has yet to be finalized.
