Pre-trial date set for three Mission officers named in wrongful death lawsuit

Three Mission Police Department officers have found themselves in the middle of a wrongful death lawsuit.

Three Mission Police Department officers have found themselves in the middle of a wrongful death lawsuit.

The lawsuit comes exactly two years after David Green Jr. died in an officer-involved shooting on Feb. 22, 2016 at Wagon City South Mobile Home Community in Mission.

Read related:

Texas Rangers investigating officer-involved shooting in Mission

Now, in a 20-page lawsuit, the victim's father, David Green, says officers used unnecessary force on his son, which ultimately led to his death.

According to the lawsuit filed in federal court on Feb. 22, 2018, Green says his son had a long history of mental illness and had not been taking his prescribed medication for schizophrenia and bipolar disorder.

Green says when he called 911 to report that his son was making physical threats on Feb. 22, 2016, he "calmly explained to the dispatcher" about his son's mental illness, but dispatchers did not relay the message to officers.

When Officer Jorge Cabrera arrived at the scene, the lawsuit says, Cabrera drew his weapon on Green Jr., and demanded that Green Jr. drop the machete he was wielding. According to the lawsuit, Green Jr. complied.

Green Jr. then allegedly got inside his truck and started driving towards Cabrera, quickly veered, and barely missed hitting Cabrera with the vehicle.

Green then continued to drive around the mobile home park while other officers were dispatched to the mobile park.

Officer Sean De La Rosa and Officer Javier Lara arrived and formed a blockade to stop Green from leaving the mobile home park.

According to the lawsuit, in an attempt to evade officers, Green crashed into a large tree.

That’s when, the lawsuit states, Officer Javier Lara approached the passenger side of Green Jr.'s truck and "squeezed the trigger of his assault rifle," but the rifle failed to fire. Lara then pulled out his handgun and fired four rounds into the pickup truck, according to the lawsuit. The final round allegedly struck Green Jr. in the neck.

The lawsuit goes on to say, upon hearing the shots, Officer Jorge Cabrera and Officer Sean De La Rosa ran to David’s truck and each fired their own additional rounds, killing Green Jr.

The lawsuit states the three officers then dragged Green Jr.'s body out of the truck and placed him on the grass, where they placed handcuffs on him.

The suit alleges the officers used unreasonable force against Green Jr., a violation of the Fourth Amendment.

All three officers were cleared from any wrong doing after an investigation conducted by the Texas Rangers.

A pre-trial conference date is set for May 15.

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