The family of Frank Lobato hopes the $10 million lawsuit it has filed against the city of Denver and the Police Department will change the way authorities deal with police shootings.
Lobato, 63, was shot to death July 11, 2004, while lying in bed.
Officer Ranjan Ford Jr. mistook a soda can Lobato was holding for a weapon and shot him.
Family members of Lobato say they have received apologies for the shooting but have never seen any official records or been given an explanation about how or why the shooting took place.
“This kind of shows us they are not capable of dealing with this type of situation,” said Christina Gomez, the mother of three of Lobato’s children.
City Attorney Cole Finegan said Police Chief Gerry Whitman will be making a disciplinary recommendation for Ford in the next few days.
He said that because the investigation is ongoing, the records and reports could not be turned over to the family.
“It is standard practice to preserve those pending matters while the internal review is being conducted, and we are almost at an end,” Finegan said.
Whitman will give his recommendation to Manager of Safety Al LaCabe, who has 15 days to impose, reject or modify the disciplinary recommendation, Finegan said.
Lobato family attorney Kenneth Padilla said that because they did not get answers from the police, family members decided to seek monetary justice through the courts.
“A year is long enough to have a response from the city as to why it was necessary to kill a man,” Padilla said. “Money is the only thing that moves this city. That is the only thing that they are afraid of.”
Padilla said he is open to the possibility of a settlement with the city if the family deems it appropriate.
Finegan said he has reviewed the lawsuit and is willing to continue talking with Padilla about a suitable agreement.
Staff writer Felisa Cardona can be reached at 303-820-1219 or fcardona@denverpost.com.
