Family Claims Cop Killed After Drinking

SAN ANTONIO - After drinking alcohol on duty, San Antonio police officer shot to death the former boyfriend of a woman the cop was dating, the estate of Alfred Hector Aragon claims in Federal Court.
     Aragon's family sued San Antonio and its police Det. Michael Garza on July 27 in Federal Court.
     Alfred Aragon was at the home of his former girlfriend, Abigail Jean Hernandez, on July 27, 2012, to see their child.
     "While deceased was at Ms. Hernandez's home, Hernandez made a phone call and text messages to defendant Garcia," the complaint states. "Defendant Garza was in a bar, consuming alcohol at the time of the communication and responded by taking Ms. Hernandez to her home, where he confronted Alfredo Aragon."
     Garza then followed Aragon to his home in a police vehicle and shot him to death, the family says.
     "Defendant Garza did not identify himself as a police office, or give opportunity for the deceased to surrender," the complaint states. "Decedent was not armed. Defendant Garza had a history of shooting at least two prior persons."
     The Police Department suspended Garza in November 2012, according to the suspension report .
     The report disputes the lawsuit's claims that Aragon was unarmed.
     "Aragon produced a 9mm handgun and began firing at the Ram truck being driven by Officer Garza with Ms. Hernandez in the front passenger seat," the report states. "Officer Garza fled the apartment complex, pursued by Mr. Aragon, who was driving a white Chevy HHR. Mr. Aragon continued firing at the Ram truck, hitting it with twelve rounds, and wounding Ms. Hernandez in the right arm and abdomen."
     Garza claimed that Aragon would not follow his commands to stop and show his hands, according to the report.
     Garza was placed on suspension because he transported Hernandez in a police vehicle without authorization, and for drinking on duty without authorization from his supervisor.
     Garza was cleared of his role in the shooting by the Bexar County District Attorney's Office in May, CBS-affiliate KENS reported.
     City officials did not immediately respond to a request for comment Tuesday afternoon.
     The plaintiffs seek damages for constitutional violations, assault, battery, gross negligence and wrongful death. They are represented by Joseph Hoelscher in San Antonio.