-Caveat Lector- http://www.lubbockonline.com/stories/092700/loc_092700031.shtml Wednesday, September 27, 2000 Last modified at 4:22 p.m. on Wednesday, September 27, 2000 © 2000 - The Lubbock Avalanche-Journal Sheriff's deputy kills man Family says victim unarmed during child custody matter By ELIZABETH LANGTON Avalanche-Journal A Lubbock sheriff's deputy shot and killed a man Tuesday just yards away from where the victim's family had gathered for a birthday party. Joe Cavazos Jr., 46, died about 6:45 p.m. in a ditch bordering a cotton field at Woodrow Road and Interstate 27. The shooting occurred across the road from Cavazos' parents' home, where family members gathered Tuesday night to celebrate his mother's birthday. Relatives who witnessed the shooting said it was unprovoked and that Cavazos was unarmed. The 10-year patrol deputy who shot Cavazos was placed on paid administrative leave, Sheriff David Gutierrez said. He refused to release the officer's name. Gutierrez asked the Texas Rangers to investigate the shooting. ''I want a thorough, complete, independent investigation into this shooting,'' he said. ''I've talked to the family, and they are handling it very well under the circumstances. I assured them that we would have a thorough investigation into this.'' Texas Ranger Warren Yeager, the investigating officer, was working at the scene late Tuesday and was unavailable for comment. Authorities released few details about the shooting. The incident started when Children's Protective Services arrived at Cavazos' parents' house and called for assistance from the Sheriff's Office on a child custody matter, Gutierrez said. One of the responding deputies shot Cavazos. Jose Sr. and Viola Cavazos had custody of their grandsons, ages 4 and 7, said their daughter Norma Berlanga. CPS workers came to the house looking for the children's parents, who were barred from seeing the boys. ''CPS thought they were here, but they weren't here,'' Berlanga said. ''They searched the house, but they weren't here. ''They (the children's parents) were going by the law; they weren't coming over here.'' The CPS workers left but returned later with sheriff's deputies and a court order to take the children, Berlanga said. As CPS officials left with the children, Joe Cavazos Jr., the father, drove up to the house and saw them, she said. Cavazos Jr. followed the CPS vehicle, and the sheriff's deputies pulled in behind him, said Cavazos' cousin Simon Castillo. Cavazos Jr. exited his truck and ran toward the cotton field. ''The cops started chasing him. He was standing in the ditch,'' Castillo said. Two deputies with their guns drawn ordered Cavazos Jr. to the ground, Castillo said, but he continued to stand and pleaded with them. ''He was telling them, 'I want to see my kids; I just want to see my kids,' '' Castillo said. One deputy then fired his gun, and the bullet struck the ground near Cavazos' foot, Castillo said. ''I don't know if it hit him. But he reacted; he got scared. He just reacted to the shot,'' he said. ''Then the cop shot him in the chest. The impact he went up, and he just fell.'' Family friend Linda Arnold said she saw the first shot hit the ground, then saw Cavazos fall after the second shot.''I didn't see any cause for them to shoot him.'' Cavazos' body lay in the ditch covered by a white sheet for hours as law enforcement officials conducted an investigation. Family members, many whom came to celebrate Viola Cavazos' birthday, stood outside hugging and crying. ''I had rented a limo to take her to dinner,'' Berlanga said. ''We were going to have a big birthday party.'' Viola Cavazos was taken to a hospital by ambulance after ''going into shock,'' Berlanga said through tears. She looked toward the cluster of officers on the road and said, ''I wish I could go see him and touch him and say my last goodbye.'' Jose Cavazos Sr., who saw the shooting, said his son was a gentle person, and the deputy has no reason to claim self-defense. ''The reason they shot him is because he wouldn't kneel down. He was just murdered. He didn't have nothing; they just cut him down,'' the father said. ''That is a murder. ... They are not going to get away with it.'' Elizabeth Langton can be contacted at 766-8795 or [EMAIL PROTECTED] -- ----------------------- NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. 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