Jury finds Corpus Christi Officer did not violate Constitutional rights in fatal shooting of Latino Man

From [HERE] CORPUS CHRISTI — A jury sided with the city Tuesday in a civil case involving a Corpus Christi police officer who shot and killed a man in 2009.

The family of Sylvester Villasana sued the city in federal court alleging police used excessive force. Villasana was killed May 9, 2009, after leading police on a high speed car chase and foot pursuit that ended when he was cornered in a vacant lot on the corner of Port and Dillon avenues.

The 28-year-old was shot by Officer Justin Sanders after police say Villasana refused to comply with commands to surrender and lunged at Sanders with a knife in one hand and a cellphone in the other. The jury decided Sanders did not violate Villasana’s constitutional rights to be free from excessive force during the incident. The jury deliberated for almost 3 1/2 hours Tuesday.

A Nueces County grand jury decided no charges were warranted against Sanders. He originally was named in the suit but was dropped, leaving the city as the only defendant.

During closing arguments, Sanders sat in the front row and was joined by several other police officers.

After the verdict, Villasana’s parents were standing outside the courtroom when Sanders and attorneys for the city walked out. “I hope you get what you deserve. You’ll pay for this,” a tearful Juanita Villasana told Sanders as he silently walked past.

Christopher J. Gale, one of the family’s attorneys, had argued that several witnesses saw no knife and instead saw Villasana with a cellphone in one hand and his free hand raised in surrender. He also pointed out the knife found at the scene had no fingerprints and suggested it resembled the type of knives some police officers often carry.

Gale said the Villasanas were emotionally drained by the trial and that no decision had been made on whether they would appeal. He said he suspected jurors may have been swayed by a negative portrayal of Villasana’s character.

Tony Canales, one of the city’s attorneys, said the jury’s verdict further exonerates Sanders, the police department and city of any wrongdoing.

Canales dismissed the theory of a police conspiracy during his closing argument and held up the knife found at the scene to jurors.

He said Sanders was justified in using deadly force because it was in self-defense. Witnesses who didn’t see the knife were too far away to see much of the confrontation and had varied accounts, he said.

He pointed out Villasana was known to carry the folding knife and described the shooting as suicide by cop.

He also replayed the 911 call Villasana’s father made the day of the shooting.

Andres Villasana told a dispatcher he had been talking to his son on the phone during the chase and suspected he was going to try to jump off the Harbor Bridge.

Canales also reminded jurors about testimony that fingerprints couldn’t be lifted off the knife’s handle because it had a textured surface.

The trial had gone on more than a week and included more than 20 witnesses, many police officers who were at the scene.