CVN screenshot of plaintiff attorney Haytham Faraj delivering his opening statement
Burbank, CA - A California state court jury heard opening statements Wednesday in a wrongful death lawsuit claiming an LAPD cop is responsible for a young girl’s accidental shooting death in a department store, and the full trial is being webcast live and on-demand by Courtroom View Network.
The case stems from an incident shortly before Christmas in 2021, when a disturbed individual entered the department store 14-year-old Valentina Peralta and her mother were shopping in and began attempting to bludgeon employees with a heavy bike lock. Police officers responded and killed the intruder, but a stray bullet struck and killed Peralta, who had taken shelter in a dressing room with her mother.
Peralta’s family accuses officer William Jones of firing his weapon recklessly and not following department rules and procedures. However Jones, who did not face criminal charges and remains employed as a police officer, argues he had to make a split-second decision under intense pressure and did not act negligently.
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Chicago-based attorney Haytham Faraj, representing the Peralta family, told the Los Angeles County jury that a formation of LAPD officers first entered the store equipped with non-lethal weapons, but that Jones responded late carrying an AR-15 rifle and allegedly insisted on “taking point” despite being told by other officers to“sling” his rifle to a shoulder-mounted position and to “slow down.”
“I believe that the evidence will show that Officer Jones did not respond to the commands and was doing his own thing that day,” Faraj told the jury.
Faraj argued the officers were on the verge of making an arrest before Jones arrived, and that the reactions by other police officers to his actions prove his alleged failure to follow proper procedures amounts to negligence.
Defense attorney Jim Touchstone of of Jones Mayer told jurors Jones was responding to a potential “mass casualty event” and had to make split-second decisions under more pressure than an average person can imagine.
“When you wait in these incidents, people could get hurt,” Touchstone said.
CVN screenshot of defense attorney Jim Touchstone delivering his opening statement
He conceded Jones was in a rush, but he insisted he was in a rush to stop a dangerous attacker before he could injure anyone else. He also told jurors Jones thought the attacker was armed with a gun and that he and his fellow officers were in imminent danger of being shot themselves.
Neither opening statement addressed potential damages. The first phase of the trial, expected to last roughly a week, will determine liability only to be followed by a potential damages phase.
CVN’s live and on-demand coverage will continue for the duration of the proceedings.
The plaintiffs are also represented by Joseph Low of The Law Firm of Joseph H. Low IV and by Nick Rowley and Henry Peacor of Trial Lawyers for Justice.
The case is captioned The Estate of Valentina Peralta, et al. v. City of Los Angeles, et al., case number 22STCV22768 in Los Angeles County Superior Court.
Email David Siegel at dsiegel@cvn.com
