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Mother Sues Police For Negligence In Daugher’s Death
by: John Larson
For The Mountain Mail
Contact: mountainmailreporter@gmail.com
SOCORRO – The mother of a slain Socorro woman has filed a lawsuit in District Court against three law enforcement officers, along with Socorro County and the City of Socorro in connection with an investigation into the February death of Eileen E. Gabaldon.
According to the civil complaint, Julia E. Gabaldon said Eileen Gabaldon’s death could have been avoided and was caused by negligence on the part of Socorro police officer Michael Gonzales and Sheriff’s deputies Michael Silva, Adrian Tapia and Steven Hall.
The suit also names the County of Socorro and the City of Socorro as being responsible for the job performance of their employees.
The legal action stems from a reported 911 call from Navario Lopez, Eileen Gabaldon’s uncle, on Feb. 8. Lopez reported that a caller he identified as Vincent Barela had threatened him and had threatened to beat and kill Eileen Gabaldon.
The complaint says police were negligent by not following up on that call.
The suit also states that Socorro police were called to Barela’s residence that same night on a report of a fight in progress.
It states that even though Barela had blood on his face and scratch marks on his chest and that one officer “heard moaning noises coming from inside the residence,” police did not arrest Barela or attempt to enter his house.
The original police report stated that Barela told the officers he had been fighting with another man, but it also said that he changed his story several times.
According to that report, Barela called Socorro police at 10:30 a.m. Feb. 10 to report that his girlfriend, Eileen Gabaldon, had arrived home from Albuquerque that morning at 1:30 a.m. severely beaten.
He said she had been using heroin and methodone and that she had several “enemies” who might have beaten her.
Eileen Gabaldon was taken to University of New Mexico Hospital, where she died of her injuries two days later.
Police conducted an investigation, which resulted in Barela’s arrest for her murder Feb. 13.
Barela is currently incarcerated and has completed a 90-day competency examination. He is scheduled to appear in a hearing Sept. 2 before District Judge Kevin Sweazea.
The Gabaldon lawsuit says the county, city and the four officers “eventually caused” the death of Eileen Gabaldon and is asking for a “reasonable award of damages.”
The lawsuit cites a legal doctrine, “respondeat superior,” which stipulates that an agency is responsible for the behavior of its employees when they are acting within the scope of their employment.
The case will be heard in civil court by District Judge Matthew Reynolds. A date has not yet been set. |
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