Claim Filed in Multi-Jurisdiction CHP Officer Involved Shooting in Fullerton

FULLERTON, CA—An attorney representing two men shot, one fatally, in a conflict with California Highway Patrol officers filed a claim, a required precursor to a lawsuit, against the state agency today.

The claim alleges that 19-year-old Pedro Villanueva and his friend 18-year-old Francisco Orozco, who survived the officer-involved shooting, were followed by an undercover car with officers never announcing they were police until gunfire rang out, their attorney, Paul Kiesel, said.

"These are two boys -- 18 and 19 years old -- who were followed out of a parking lot by an unmarked CHP vehicle and at no time in the seven to 10 minutes they were followed by this car did they ever use a siren, loud speaker or red and blue lights,'' Kiesel told City News Service.

"They gave no indication at any point in time they were law enforcement. In fact, they didn't until they fired their weapons into the vehicle and killed Pedro Villanueva.''

The two had gone to a Santa Fe Springs swap meet where they attended a "sideshow,'' a gathering of car enthusiasts, some of whom do doughnuts while others admire the vehicles and the driving, Kiesel said.

Orozco, who was shot in the right arm, survived and provided the account of what happened leading up to the conflict with police in the 100 block of North Pirtchard Avenue in Fullerton, Kiesel said.

"They had no idea'' why they were being followed by a black car, Kiesel said. "They were terrified.''

Villanueva, who was driving, was completing high school and planned on enrolling in Moorpark College in the fall, Kiesel said. The Pacoima resident worked in his father's Mexican restaurant, the attorney said.

"This was his father's 2015 Chevy Silverado he was driving,'' Kiesel said. "They were actually lost when they were trying to get away from this car. They had no idea where they were.''

Villanueva and Orozco were car enthusiasts, but they weren't doing doughnuts in the parking lot, Kiesel said.

"He was just generally a nice, 19-year-old boy,'' Kiesel said of Villanueva. "He had two older siblings, a brother and a sister. And Francisco Orozco was working in landscaping.''

If the claim is rejected, it clears the way for Kiesel to file lawsuits on behalf of his clients.

"One of the goals of this lawsuit is to see to it that the CHP adopt a policy that prohibits them from firing into a moving vehicle,'' Kiesel said.

The Orange County District Attorney's Office is investigating the shooting, which is routine in officer-involved conflicts.

There was no immediate response to a message left with CHP seeking comment.

City News Service