Reza Gostar

The Desert Sun

INDIO – A federal court jury awarded the parents of 23-year-old Alejandro Rendon, who was fatally shot by police in 2013, $1.9 million in a wrongful death lawsuit against the city of Indio, its chief of police and a veteran police officer.

The ruling against Officer Alex Franco and the city was delivered Wednesday, following a six-day civil rights trial in Riverside in U.S. Central District Court, according to court documents obtained by The Desert Sun.

MORE ONLINE:Read the Alejandro Rendon fatal shooting lawsuit | Read the Alejandro Rendon fatal shooting lawsuit verdict

The jury of six women and two men found that Franco used excessive force and the city approved of it, according to court documents. Franco also was found to have committed battery against Rendon and interfered with Antonio and Valentina Rendons' right to a relationship with their son by killing him.

"We are very disappointed with the verdict. Our officer was required to make a split-second decision in the defense of his life and the department is in support of his decision and actions," said police spokesman Sgt. Dan Marshall, who said he was speaking for the city and police department.

The shooting was investigated by Indio police and the Riverside County Sheriff's Department. Franco continues to work as an Indio police officer.

At the time, police said an officer, later identified in court papers as Franco, spotted Rendon riding a bicycle near a mental health facility and pharmacy, and confronted him believing his actions were suspicious. Rendon fled from Franco after the officer attempted to flag him down at about 11:30 p.m. Feb. 14 in the 82-400 block of Miles Avenue. Some kind of confrontation occurred that led to the officer firing his gun multiple times.

According to the lawsuit, Rendon was visiting friends and family in Indio to bring them Valentine's Day greetings and gifts, and he fled because he feared "wrongful detention and possible use of force." He was climbing a chain-link fence when he was shot.

Brett A. Greenfield of Kenner and Greenfield, who was the lead attorney for Rendon's parents in the case, said Rendon was shot twice, once in the buttock — the bullet exiting his chest — and in the stomach.

Forensic evidence presented at trial showed that Rendon was shot once while on top of the fence and once while hanging from the opposite of where Franco was positioned on the other side of the fence, Greenfield said.

He died in the ambulance at Eisenhower Medical Center in Rancho Mirage and was pronounced dead at 12:34 a.m. Feb. 15, 2013, according to Greenfield and the lawsuit.

Greenfield said Rendon didn't threaten the officer and "did not pose a threat of death or serious physical injury." Rendon was not armed, according to the lawsuit.

Franco testified in court that he stopped Rendon because he did not have a working headlight on his bicycle and that a chase ensued when Rendon tried to get away, Greenfield said.

The internal investigation into the shooting by Indio police "lacked a certain thoroughness needed," Greenfield said. "Not withstanding that, the forensic evidence told a very clear and convincing story of what transpired that night."

"I hope that the parents find some peace and closure, but I know his mother is not satisfied," Greenfield said, adding that Valentina Rendon wants accountability for what happened to her son.

"She does not believe that justice has been served and would like the U.S. Attorney's Office or district attorney to look into this further," he said. The parents did not want to comment, Greenfield said.

"They are afraid. Their son has died," said Greenfield. "This is a very intimidating situation for them."

Attorneys representing the city and police department said in court documents that "the city of Indio and its employees acted in good faith, without malice and within the scope of the duties of police officers." The defense also denies any of the allegations contained in the Rendon family's lawsuit.