Family of Teen Killed by Officer File $10-Million Claim Against Santa Ana

By TINA NGUYEN

Jan. 9, 1996 12 AM PT

TIMES STAFF WRITER

SANTA ANA — The family of a 17-year-old who was fatally shot by a Santa Ana police officer filed a wrongful-death claim Monday and alleged that police accounts of the shooting have been inconsistent.

“We talked to witnesses who watched the young man jump the fence and said they never saw a gun,” said James Cesena, the Pulido family’s lawyer. “The only person who said there was a gun is the officer.”

Joseph Pulido died Dec. 21 after a bullet pierced the back of his right shoulder as he fled from police. His family is seeking $10 million from the city.

Santa Ana police contend that Pulido was armed, and said Monday the teenager’s fingerprints were on a .357 magnum handgun found several feet from his body.

Police described Pulido as an admitted gang member who was carrying a stolen gun as he ran from an officer who tried to question him.

According to police, two patrol officers became suspicious when they saw some teenagers drinking while standing with Pulido. Before police could question the youngsters, Pulido ran and jumped a fence. Police said the officer shot in self-defense.

But Pulido’s family and their attorney said they believe the teenager was unarmed and ran because he was afraid. Pulido, also known as Jose Juan, was on probation for a car theft conviction.

Lt. Robert Helton said Monday it appeared the gun flew out of the teen’s hand after he was wounded on McClay Street and that the weapon landed on the other side of a fence.

But Cesena said the scenario is farfetched.

“The police told us it flew about 15 to 20 feet in the air. That means it cleared a wall, some trees and cactus. We talked to some biomechanic people and police with different police departments who said that is not possible.”

The shooting is being investigated by the Police Department and the Orange County district attorney’s office, a routine procedure for officer-involved shootings.

Cesena said he met with investigators with the district attorney’s office last week. “We both virtually have the same witnesses but have come to different conclusions,” Cesena said.

“The changing stories from the Santa Ana Police Department have led me to believe something else is going on. . . . The police’s initial story was that they had no idea why he led them on a chase. They later said he had a gun. And now we’re hearing that he not only had a gun but that he tried to shoot the officer.”

The supervisor of the district attorney’s investigations did not return several calls Monday, and Helton said he could not comment on the particulars of the investigation.

The family’s claim is the first step in pursing legal action against the city.