Spokane County SWAT team tactics at issue in trial
The location of a flash grenade thrown by Spokane County SWAT members during a raid on Valentine’s Day 2012 will be a key issue in an excessive force trial set to begin today in federal court.
The lawsuit was filed in Spokane last year by Erica Mugica, who alleges members of the SWAT team threw what is commonly referred to as a “flashbang” into the basement where she and her 3-year-old daughter were asleep. Team members say they detonated the device outside a window and followed safety protocols when apprehending Victor A. Luna, who was suspected of involvement with gangs and trafficking stolen property.
Spokane County filed a countersuit against Mugica, calling her claims frivolous based on video evidence that disputed her charges of unlawful detention and violating her and her children’s right to due process. U.S. District Judge Justin L. Quackenbush agreed with the county on the detention and due process claims, and also threw out a claim of ineffective training by Spokane County Sheriff Ozzie Knezovich.
But Quackenbush ruled that a jury must sort out, based on the evidence, what occurred in the home on First Avenue prior to Luna being handcuffed. Mugica is seeking compensation for emotional distress she said she and her children have suffered from the episode.
Attorneys for Mugica and the county did not respond to requests for comment.
Spokane County sheriff’s Detective Lloyd Hixson had been investigating Luna for alleged trafficking of stolen property for about four months before the SWAT team action occurred in February 2012, according to court records. Charges filed after his arrest were thrown out by a judge, who said there was no evidence the property Luna bought was stolen. There is also no mention in court records of any firearms being found at the residence where he was arrested following the SWAT activity.
Investigators fill out a “threat assessment” score sheet to determine whether a SWAT team should be activated and what level of force might be necessary. On a 15-point scale, Luna rated a 13, based upon the belief by officers he was armed with a shotgun and his “violent criminal history.”
According to court records, Luna served 16 months in prison for an assault that occurred 10 years prior to the SWAT raid at a party where the victim was beaten with a baseball bat and stabbed. Luna’s criminal history also includes convictions for riot, burglary and attempts to elude police.
Mugica said SWAT officers trained their assault rifles on the four children present, who ranged in age from 3 to 10, with red dots appearing on their clothes. But the SWAT members said they kept their weapons pointed at the ground and their training does not involve pointing weapons at children. Luna is expected to testify that he left the house to buy some items at a nearby grocery store and was under surveillance at the time, though officers did not move to arrest him.
Mugica and most of the members of the three SWAT teams who entered the home are also expected to testify.