The Penalty For Fighting At A Texas School Bus Stop Is Death

(CN) – A 14-year-old boy got into a fight at a school bus stop and the school district’s police officer responded by shooting him to death, the boy’s mother says. She says the cop had been reprimanded 16 times in the previous 4 years, suspended without pay 5 times, and “recommended for termination for insubordination,” but the school kept him on the force “without remedial training.”
Denys Lopez Moreno sued the Northside Independent School District, of San Antonio, the district’s Chief of Police John Page and the alleged shooter, Daniel Alvarado, in Federal Court.
Lopez says her son, Derek, got into a fight with another boy at a school bus stop and punched the other boy once, in November 2010.
“Defendant, Alvarado, having responded to a call regarding a bus with a flat tire, witnessed Derek strike the other boy. He ordered Derek to ‘freeze.’ Derek hesitated and then ran from defendant Alvarado,” according to the complaint.
“In his patrol car, Alvarado began chasing Derek in the neighborhood across the street from the high school. Alvarado lost sight of the boy in the neighborhood and returned to the location of the school boy fight. At that time, he called dispatch. Dispatch recordings reflect that his supervisor directed Alvarado to stay with the other boy and to ‘not do any big search over there.’
“Ignoring his supervisor’s orders to ‘stay with the victim and get the information from him,’ Alvarado placed the second boy into the patrol car and sped into the neighborhood to search for Derek.”
Lopez says her son jumped over a fence and hid in a shed in the back yard of a house. The homeowner saw him, called 911, and alerted a neighbor, who pointed Alvarado in Derek’s direction. Lopez says her son never left the shed, never approached the house or threatened the homeowner or her daughters, and posed no threat to anyone.
Nonetheless, she says: “In violation of NISD police department procedures, Alvarado drew his weapon immediately after exiting the patrol car. With his gun drawn, he rushed through the gate and into the back yard. Within seconds from arriving at the residence, Alvarado shot and killed the unarmed boy hiding in the shed.”
A neighbor, who is an EMT, called an ambulance, which arrived in 20 minutes, during which time the EMT was trying to save Derek’s life, his mom says. But she says her son died in the ambulance about 50 minutes after Alvarado shot him.
Lopez says the district acted with “deliberate indifference” in keeping Alvarado on the force despite his poor disciplinary record.
“In approximately a four (4) year period leading up to the shooting, defendant Alvarado had been reprimanded sixteen (16) times,” the complaint states. “Specifically, he had been reprimanded for insubordination and failure to follow supervisors’ directives seven (7) times. Due to his poor service record, Alvarado was suspended without pay on five (5) occasions. On May 21, 2008, Alvarado was recommended for termination by Page. Despite being recommended for termination for insubordination and for refusal to follow supervisor directives, Alvarado remained on the force without remedial training.”
Rather than fire Alvarado, the district transferred him to patrol, “an area of duty with less supervision,” according to the complaint.
Lopez claims the district, which has about 70 police officers, failed to train its officers on procedures regarding off-campus criminal activity, use of weapons, use of force, and communication with other law enforcement agencies.
“Even after the tragedy of Nov. 12, 2010,” Lopez says, “NISD has not trained its officers on its procedures relating to actions officers should take when witnessing an offense occurring off campus.”
She seeks punitive damages for civil rights violations, supervisory liability and negligence. She is represented by Wallace Brylak.

19 Responses to The Penalty For Fighting At A Texas School Bus Stop Is Death

  • The Chief of Police is the one who should got straight to jail for the rest of his life, period…Alvarado should also be prosecuted to the full extent of the law…

    I know if the kid was my son, the problem wouyld already have been solved…

  • i agree with sparky. the chief of police needs to be put in jail for at least 20 years without parole to set an example to the rest of the nation that this lack of control over the officers and their training and attitude adjustments. A officer with that many reprimands WHAT THE HELL! IS THIS NAZI WW2 GERMANY ALL OVER AGAIN-

    SAY IT Ain’t so say it ain’t so!!

    this is bullshit– if i was the mayor there. the only way to get out of this one would be to have chief taken out of office and held in court for gross endangerment to the public and a 20 yr sentence along with a FBI profiling of the whole force to weed out the other train wrecks on its force waiting to happen. so the citizens do not get further harmed and especially the children.

  • A psychopathic cop that escalates a young schoolboy’s fight into a murder needs to be charged accordingly!!!

  • This is insanity that needs to stop, shooting an unarmed 14 year old boy, the shooter, his bosses and everyone involved with covering for him and keeping him on the job need to go to jail, permanently.

  • This sounds like Bolshevik Russia, is this really the USA?

  • When law enforcement kills unarmed citizens because they are annoyed; when ATS officers aid the smuggling of narcotics in major cities; when the BATF & the DEA conspire to smuggle illegal weapons to third world nations so they can try and use this as a reason to eliminate an Americans rights under the 2nd Amendment; when the CIA works illegally in the U.S. assisting NYP to spy on American citizens; when the CIA funds covert drug smuggling businesses in the United States; when the FBI allow the killing of one of their own in the 9/11 as an assist to the pretext of helping ex-pres Bush to attack iraq and establish the largest U.S. embassy in the middle east; and when the Secret Service are allowed to get into brawls in burger joints in Calif., you can’t help but wonder do American citizens need protection from Homeland Security and those that serve them? Gotta wonder!
    Law enforcement MUST hold bad cops accountable……………..period!

  • Who is going to bet that “internal police investigation” will conclude that “officer acted properly” and shooting was justified because “officer feared for his life”? He will be reprimanded for not following the order to stay with the “victim”, but not for the murder.

    “Cooperation” of the helpful neighbors directing the killer to the scared buy, is quite notable as well. Resembles “Running Man” by Stephen King. Apparently there were no “good Samaritans” to count on.

  • I usually have a smart ass comment, but this makes me genuinely sad. The emotions going through me right now as I think of my boy. I don’t think I could control myself at that point. That cop would suffer. We need to stop the tyranny and right now!!!!!!!!!

  • Typical actions and reactions for the kind of mafioso our society has morphed into overrun by criminals wearing badges of authority. Where we have no real rights anymore, where the criminal gangs use the law and rewrite the law or the meaning to fit their present predicaments. This controlled insanity is from the top of the food chain. Where there is only one rule and that is to rule over us with no regards to integrity or right and wrong, lies. deception, injury and death mean nothing but doing business as usual. Their words are meaningless, their truths are propaganda and lies. They cannot be trusted. Time for those voting for the lessor of 2 evils to wake up.

  • It sounds like this cop had a low IQ. I hear that the gov is firing the intelligent cops and hiring the those with the lower IQs. These new cops are trained not to be public servants but they are trained in blood letting. They shoot children with toy guns,cell phones etc. They are shooting people in the back, beating men women,disabled, senior and paralysed citizens. The new modern cop is the equivilant of a legalized serial killer. As we get closer and closer to the end of this wicked system of things and moving closer to the great tribulation, the wickedness sourounding us will be like the days before the great flood of Noah’s day. Just like Noah and his family, there is only one organization on this earth in which to get protection. God has not abandoned us. The choice is ours to make.

  • From what I read, I didn’t see anything about why the two got in a fight in the first place. Granted, the cop killing the kid was overboard and yes, I agree with putting the Chief behind bars but what started the fight? Was a death threat made? Were either one of them in a “gang”? If the cop had these many disciplinary actions against him and yet this is his first time shooting someone, what was his reason to shoot this kid?

  • School yard violence has always been a problem. Looks like this kid won’t be a problem anymore. A bit extreme … isn’t it?

  • This is outrageous, Where is JUSTICE! That police officer should got to jail for life , the chief of police should be fired and charged criminaly! The mayor should be impeached! I hope the victims mother are sueing the chief of police and the mayor in there lawsuit as well and push that these people be held accountable in a criminal law! Where is the black caucus on this and the ACLU! If its good it attacked and ridiculed but if its evil its put up on a pedestal and praised! WOE TO THOSE THAT CALL GOOD EVIL AND EVIL GOOD!

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