Man Shot to Death by Edinburg, Texas Police Officer

| Law Offices of Dean Malone — Danger on the street. Blue flasher on the police car at night.

The Edinburg Police Department, in Edinburg, Texas, filed a custodial death report with the Attorney General of Texas regarding the death of Jesse Daniel Davila. Mr. Davila was only 29 years old at the time of his death. We provide information which we obtained from that report, and we do not make any allegation of any wrongdoing against anyone.

Mr. Davila died on January 11, 2021. The summary portion of the report reads as follows:

“On January 11, 2021 at 5:49 a.m. Edinburg Officer Alex Cruz responded to 1709 Orlando Street Apt B in Edinburg, Hidalgo County, Texas in reference to a domestic disturbance in progress. On arrival Officer Cruz could hear female screams coning from within the apartment. Officer Cruz entered the apartment through the unlocked front door and made his way toward a bedroom where he observed the screaming female laying on her back on a mattress on the floor and the suspect on top of her holding her down with both hands. Officer Cruz yelled out repeated commands for the male to release the female and show his hands. The suspect stood up and came towards the officer. Officer Cruz pushed the suspect back away from him and down to the floor giving a few seconds for the female to get up and gather her children to safety. The suspect got up and went toward the officer in an aggressive manner all while ignoring the officer’s commands to stop. The suspect continued lunging toward the officer closing the gap between them placing the officer in fear for his safety. The officer defended the attack by discharging his firearm toward the suspect and stopping the threat. The suspect sustained multiple gunshot wounds and was later pronounced dead at a local hospital.”

Once again, we make no allegation of any wrongdoing against anyone regarding Mr. Davila’s death. Generally, and without regard to what happened to Mr. Davila, people in the United States are entitled not to have unreasonable force used against them by law enforcement officers. Courts will look at all the facts and circumstances at the time force was used to determine whether it was reasonable. If an officer uses unreasonable force in the performance of his or her duties, then a violation of the Fourth Amendment occurs. If a person dies as a result of a violation of the Fourth Amendment, then certain surviving family members may file a lawsuit and assert claims related to the death. These claims are filed pursuant to 42 U.S.C. Section 1983.

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