City Council members agreed Tuesday
to settle a lawsuit that arose out of the 2003 police shooting death of
Paul Silvas. City Hall previously had denied any wrongdoing in Silvas'
death, but council members voted 8-0 to pay Silvas' family $200,000 and
settle the case before it goes to trial. Councilman Brent Chesney was
absent. Deborah Golder, Silvas' common-law wife, would not comment
about the settlement. In a written statement, city officials said they
decided to settle the case because of "the potential cost of extended
litigation, uncertainty of a jury trial and an inevitable appeal." Police officers Jason Lavastida
and Donald Moore shot and killed Silvas, 27, on Oct. 23, 2003, outside
of the Times Market at 4701 Greenwood Drive. Silvas' family said he
cooperated with police and died unnecessarily. The officers said the
deadly shooting was in self-defense. Lavastida and Moore, both bicycle
officers, said they smelled marijuana coming from Silvas' parked teal
four-door Ford Taurus, according to a statement by Police Chief Pete
Alvarez after the shooting. The officers ordered Silvas out of the car,
according to reports. The family's lawyer, Luis Cardenas, denied
marijuana was being smoked. Silvas' family said police proceeded to
beat him with batons and spray him with pepper spray when he sought
safety in his car.Paul Silvas did not appear to be trying to run over
two bicycle police officers, but tried to drive away when they began to
shoot at him, a witness said."They already beat him with batons,
sprayed him with pepper spray and he just kept telling them to leave
him alone," said Adriana Trevino, 18. "He wasn't trying to run over
them." Trevino watched Paul Silvas go outside after buying cigarettes,
where he used the pay telephone and then got into his car, she said.
"The cops got him out of the car and started hitting him with batons,"
Trevino said. "He just kept yelling 'leave me alone, leave me alone.'"
She said after being hit repeatedly in the head and body, Silvas got
away from police, slid back into his car and was trying to start the
engine when one officer started spraying him with pepper spray and
hitting him more with a baton. "Paul backed up and stopped because one
of the officers was behind him," Trevino said. "The other one kept
hitting him, then pulled a gun, and they both started saying they were
going to shoot." [more] and [more] and [more]