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$900,000 settlement on table in cop shooting of unarmed man

Daniel J. Chacon

Published December 14, 2007 at 12:30 a.m.

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Frank Lobato's family, from left, Frank Lobato Jr., 25, holding son Frank Lobato III, 6 months; Anthony Lobato, 26; Barbara Lobato, 25; Frank Lobato's ex-wife, Christina Gomez, 44; and grandchildren Rene Monjaras, 4, and Marie Monjaras, 3, appear soon after Lobato's death at the hands of a Denver police officer.

Photo by Barry Gutierrez / The Rocky/2004

Frank Lobato's family, from left, Frank Lobato Jr., 25, holding son Frank Lobato III, 6 months; Anthony Lobato, 26; Barbara Lobato, 25; Frank Lobato's ex-wife, Christina Gomez, 44; and grandchildren Rene Monjaras, 4, and Marie Monjaras, 3, appear soon after Lobato's death at the hands of a Denver police officer.

Frank Lobato was lying in bed when police burst into room.

Frank Lobato was lying in bed when police burst into room.

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The city of Denver is considering a $900,000 settlement with the family of a man who was shot and killed by police while lying naked and unarmed in bed.

The officer who killed 63-year-old Frank Lobato had claimed he mistook a soda can in Lobato's hand for a gun.

The proposed settlement, one of the largest in the city's history, comes after a federal judge ruled that there was enough evidence to support the family's claims in a lawsuit saying the failure to train and discipline Denver police led to the killing.

The judge also refused the city's request to dismiss allegations that the officer who shot Lobato and the officer's supervisors conducted an illegal search and that they were guilty of excessive force.

Kenneth Padilla, a Denver civil rights attorney who represents the Lobato family, said the judge's order was damning.

"It was very instrumental in helping the city understand that they have endemic issues within the Denver Police Department that have resulted in deaths and serious bodily injury to people from the use of deadly force, and that they need to make changes," he said.

"Mr. Lobato was a completely innocent man," Padilla added.

The City Council will vote on the proposed settlement Monday.

If the settlement is approved, the case will have cost the city more than $1 million.

The city has already spent $318,000 on outside legal help, plus internal staff costs, which the city couldn't quantify Thursday.

"Our goal was to reach a settlement that is in the city's best interests, treats Mr. Lobato's family fairly and allows all of us to move forward," City Attorney David Fine said Thursday in a statement read by a spokeswoman.

"We believe we have accomplished that," he said.

Police spokesman Sonny Jackson declined comment, and the Lobatos could not be reached.

The July 11, 2004, slaying sparked a public outcry and helped change the way police shootings are monitored.

Police were dispatched to an apartment in the 1200 block of West 10th Avenue, which is where Lobato was staying, after a woman reported that she had been held there against her will and beaten by another man.

The woman told police that her attacker could be found on a couch on the first floor and that Lobato, his uncle, would probably be in an upstairs bedroom.

After officers looked into an empty first floor, they used a ladder to climb to a second-story window, which was open.

Once inside, the officers approached a closed bedroom door. When one of the policemen opened it, officer Ranjan Ford Jr. shot and killed Lobato.

Ford told investigators that Lobato was holding "something shiny" in his right hand that he believed was a gun, though others dispute that account.

Police said it was possible that Lobato was holding a soda can that Ford mistook for a weapon because several cans were found around the room.

No criminal charges were filed against Ford, whose 90-day suspension was later reduced to 50 days.

Padilla said the Lobato family has always sought justice.

"The justice that they feel they've obtained at this point in time is that the court has recognized that the police department, including officer Ford, did wrong," he said. "Officer Ford shot Mr. Lobato with deliberate indifference and violated his constitutional rights."

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Comments

  • December 13, 2007

    5:24 p.m.

    Suggest removal

    LazyR writes:

    That's not much for shooting an innocent old man in his bed who happened to be holding a pop can as I recall.

  • December 13, 2007

    9:17 p.m.

    Suggest removal

    Finding_Forever writes:

    A human life is priceless, but good for the family of this man. Hopefully the city will wake up and do something more about their trigger happy cops.

  • December 14, 2007

    9:25 a.m.

    Suggest removal

    JustSayin writes:

    If it's not just about the money, the deal should include the stipulation that Ranjan Ford be fired. Of course, there'll always be a career for him in some backwater Mayberry police department (maybe in Summit County), but at least he wouldn't get the chance to be armed and incompetent in Denver anymore.

  • December 14, 2007

    1:54 p.m.

    Suggest removal

    LOUIE writes:

    You have to ask yourselves, if anyone in the private sector would have cost thier employer $900,000 dollars, would they have a job tomorrow? I think that's a little to much job security!

  • December 14, 2007

    2 p.m.

    Suggest removal

    seeingeyeseesall writes:

    Not a lot of money for a town like Denver, considering the sum they're planning to spend next year partying with the Democrats.

  • December 14, 2007

    11:27 p.m.

    Suggest removal

    fortyfive writes:

    well thats not enough money, i say dont settle because if they were to the city will be off the hook for their legal fees because an out of court settlement will not include legal fees and that will cut into the 900,000 unless otherwise agreed upon as a package deal that all legal fees will be paid in additional to the settlement the cop that shot him need to be fired and charged with the harshest crime possible and sued then be given the task of keeping the grave site neat and trim for the rest of his life.if the victem did have a firearm i dont blame him, i'm sleeping in my room on the 2nd floor and someone coming through the window , what a nightmare to wake up to, on the other hand why not go through the b/room door as any other pd will do instead getting a ladder to go in thats the best way to get anyone blown away but most cops is not the brightest people anyway, talking about giving a fool a gun and a badge, stand back and watch what happens...........this