SAN DIEGO (CNS) - A Lakeside man who was shot 16 times by San Diego County sheriff's deputies filed a lawsuit today against the county and the two deputies who opened fire.
The lawsuit filed in San Diego federal court alleges Erik Talavera was in the process of surrendering when two deputies shot him in El Cajon on Feb. 16, 2022.
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The complaint states deputies David Lovejoy and Jonathan Young initially shot him more than a dozen times, then Talavera was shot twice more by Lovejoy while he was lying on the ground and already "grievously wounded."
Earlier this year, the San Diego County District Attorney's Office issued its findings clearing Lovejoy and Young of criminal liability in Talavera's shooting.
The D.A.'s Office said the deputies were assisting an anti-auto theft task force that was tracking a stolen trailer. The trailer was being towed by a van driven by Talavera.
When confronted by deputies, the D.A.'s Office said Talavera was told to get on the ground, but told the deputies "Just shoot me,'' then pulled a "black metallic object'' out of his waistband.
Believing it was a gun, the deputies opened fire, according to the D.A.'s Office, which alleged Talavera grabbed the object - later determined to be a knife - while he was on the ground.
Talavera's lawsuit alleges he was given conflicting commands by the deputies, who told him repeatedly to both get on the ground and not to move.
The lawsuit states Talavera was about 40 feet from the deputies when they opened fire and did not ``do anything to provoke the use of deadly force.''
The D.A.'s review found that Talavera ``created a deadly force situation by pulling a metallic black object from his waistband, an item both deputies believed could have been a small firearm.'' Regarding the final two gunshots, the review states Talavera was told not to reach for the object, but he grabbed it and ``tucked it into his body,'' leading Lovejoy to fear that Talavera ``was arming himself again.''
One of the bullets fired by the deputies also struck a National City police officer in the leg.
Det. Rowdy Pauu, who was behind Talavera when the shooting occurred, also sued the county and the deputies earlier this year.
Pauu's lawsuit alleges Lovejoy and Young ``started shooting without a warning'' and at the time, ``the suspect was moving towards the ground" and ``had made no movement towards the deputies or anyone else." His lawsuit also alleges some of the bullets fired struck homes behind Pauu.
Both lawsuits seek damages for ongoing medical issues stemming from the shooting.
Talavera's lawsuit alleges his ``life remains in jeopardy more than 18 months later'' and his wounds ``require profound medical care and will continue to require intervention for the rest of his life.'' Pauu alleged the bullet that struck his leg could not be removed by doctors due to the risk of exacerbating his injuries and has left him in pain and unable to return to work.
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