July 27, 2007, 11:33PM

Suit filed in fatal shooting by police

Mentally ill man's parents say officers unlawfully entered their home

By ROSANNA RUIZ

Copyright 2007 Houston Chronicle

The parents of a mentally ill man who was shot to death by Houston police have filed a federal civil rights lawsuit against the city.

Jose Valle and his wife, Asuncion, allege in their lawsuit, filed Thursday, that officers unlawfully entered their home Jan. 7 without a warrant, which then led to the death of their son, Omar Esparza.

Esparza's mother had called 911 that day after her son locked himself inside her home.

After the officers arrived, they attempted to coax Esparza into surrendering. The couple say they begged the officers not to harm their unarmed son, but Houston Police Department officials have maintained that the 21-year-old was armed with a hammer.

After two hours, the officers entered the couples' home "without permission and without a warrant," and began discharging their weapons less than 30 seconds later, the lawsuit alleges.

"Immediately after the echoes of gunfire subsided, Asuncion Valle ran through the front door of her home and saw her son laying on his back on the floor," the lawsuit states. "He looked at her and gasped words that she could not hear."

Esparza was still breathing when his mother was forced to leave. The couple learned three hours later that their son had died, said Roger A. Rider, the Valles' attorney.

"I suspect the police are going to continue to argue he had a hammer," Rider said. "If there was a hammer in their house, I don't think it was a weapon."

A grand jury declined to indict the officers on any criminal charges. Robert Cambrice, a senior assistant city attorney, said he hasn't received the lawsuit yet and would not comment.

Earlier this month, Houston Police Chief Harold Hurtt reprimanded a captain for failing to call SWAT or hostage-negotiating teams.

HPD issued a statement in April, saying: "The evidence in this case showed the officers were acting in good faith in an attempt to bring a dangerous situation under control." The statement included photographs of the hammer, a knife sharpener, a small battery wrapped in a belt and a broken doorknob from inside the house.

According to the statement, Esparza threatened the officers and refused to comply with their demands. The officers shot him with a bean bag, fired and missed with a Taser and then fatally shot him after he moved in a "threatening manner."

rosanna.ruiz@chron.com