-Caveat Lector-

Here is a link to the initial story
11-year-old shot in back by FBI/DEA SWAT team during narc
sweep
http://www.nandotimes.com/nation/story/body/0,1037,500257300-
500395380-50235 3680-0,00.html
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Funeral and protest rally today for 11-year old killed in Modesto
SWAT raid - No drugs found in home

Source: Modesto Bee
Published: September 19, 2000 Author: MICHAEL G. MOONEY
and CRYSTAL
CARREON


Eleven-year-old Alberto "Betito" Sepulveda will be buried today, six
days after he was shot to death in his Modesto home by a SWAT
team member during a drug raid.

Later today, a rally is planned outside the 5:15 p.m. Modesto City
Council meeting at Tenth Street Place, to protest the Police
Department's claim that the shooting was accidental.

Modesto Mayor Carmen Sabatino and Police Chief Roy W.
Wasden are expected to attend the boy's funeral, which will begin
with a 9 a.m. Mass at St. Frances of Rome Catholic Church in
Riverbank.

Following the Mass, the procession to St. Stanislaus Catholic
Cemetery will be escorted by a Modesto Police Department
motorcycle unit. City officials said the motorcycle escort was
requested by the family. The procession is expected to pass
Prescott Senior Elementary School, where Alberto recently started
the seventh grade.

City officials said they would pay for the boy's funeral and help
repair damage to the Sepulveda home, but family members
rejected the offer.

"By accepting their money for the funeral it's like saying what they
did was OK. It's not OK," said Felipe Martinez, the boy's uncle.
"When they killed him, they took part of our lives away. We're still
angry."


Relatives, friends and reporters crowded around Martinez in front of
the Riverbank Memorial Chapel, where a public viewing was held
Monday evening. Inside, a stream of men, women and children paid
their respects. City Councilman Mike Serpa was among those
attending.

White roses and carnations surrounded the boy's black coffin at the
front of the chapel positioned beneath a lit portrait of Jesus with
the crown of thorns. A ribbon with the message: "You are forever
loved," was lightly clasped in his hands, rosary beads woven
through his fingers.

"I told him I love him and that I miss him," said his 8-year-old
sister, Xitlalic Sepulveda.

Outside, two Latino community advocates held bilingual signs:
"Solamente Pedimos Justicia" (We only ask for justice) and "We
protest the racist murder of 11-year-old Alberto Sepulveda."

"We want justice," said Miguel Donoso, who carried one of the
signs. "We want a federal investigation."

At least four separate investigations -- two reviews by the Police
Department, one by the city attorney's office and one by the district
attorney's office -- are under way.

Two Hispanic organizations -- the Los Banos chapter of the
Mexican-American Political Association and the Modesto chapter
of the American GI Forum -- want outside agencies, such as the
California attorney general, to investigate the shooting. Wasden
said his department would welcome either a state or federal probe.

"We can't bring this little boy back," Wasden said. "We need to
learn, move forward and make sure nothing like this ever happens
again. Clearly, this investigation is going to change the way we do
business. It would be an even bigger tragedy if it weren't."

Officer David Hawn, whose shotgun discharged when he was
pointing it at the boy, remains on paid leave, and Wasden said
Monday he wasn't sure when Hawn would return to duty.

The 21-year officer was involved in a previous shooting incident with
the SWAT team in February 1999. Police were investigating a man
with guns and drugs in his La Loma area home. The man
committed suicide before police entered. A pit bull attacked the
officers when they went inside and Hawn's gun discharged.
Investigators ruled that the man was already dead and Hawn was
exonerated.

Alberto Sepulveda was fatally shot on Wednesday as he lay face
down on his bedroom floor, as ordered by the officers.

Moments earlier, Hawn and other SWAT team members stormed
inside to secure the house before federal drug agents entered to
arrest the boy's father, 33-year-old Moises Sepulveda.

Investigators say they may never may know how Hawn's gun
discharged.  Wasden said one possibility is that something
accidentally moved the trigger as Hawn pointed the gun at the boy -
- perhaps the handle of a knife.

John Caudron, a firearms expert who has reconstructed gun
accidents for the past 25 years, said the trigger on Hawn's weapon,
a 12-gauge Bernelli shotgun, had to have been pulled.

"Unless the trigger's pulled, it won't go off," he said.

The pull could have come from Hawn's finger, he said, or, as
Wasden suggested, clothing or equipment could have snagged the
trigger when the officer was jostled in the hallway.

Moments after the shooting, other officers heard Hawn say his
finger was not on the trigger.

"All we can say is nothing we've found at this point indicates that
this was anything but an accident," Wasden said.

That conclusion did little to ease the pain of family members.

"They say it's accidental. They say, 'Oops, sorry,' " said Martinez,
the boy's uncle. "Oops, there's an 11-year-old boy who's dead. All
the sorries and excuses in the world will not bring him back."

Outside the funeral home Monday, Sepulveda held his shaking wife,
Sonia.

"They took a part of my heart, a part of my life away," Sepulveda
said. "He was the happiest child, and they came in and stole his
life."

The family, he said, will return to live in their home on McAdoo
Avenue.

"Everything will stay the same. His room will stay the same,"
Sepulveda said. "My son was happy and we were happy in that
house. ... When we go back he will be there with us."

Sepulveda has refused to answer any questions about the criminal
case against him. On the morning his son died, Sepulveda was
arrested on a federal warrant charging him with conspiracy to
distribute methamphetamine. He was released two days later after
promising to use equity in his home to a secure a $20,000 bail
bond by the end of the month.

Sepulveda has lived in Stanislaus County for 15 years, five of them
in the Highway Village home. He has no felony convictions in
Stanislaus County. City officials said Monday that no drugs or
weapons were found in the house. Cash was found.

Federal drug agents requested the use of SWAT teams to secure
the Sepulveda residence and 13 other locations in coordinated
predawn raids aimed at cracking a major methamphetamine
distribution network.

Bee staff writer Steve Elliott contributed to this report.




--
Kathleen

Clinton is a man who will disappoint everyone in
his life except his pollster. --Dick Armey

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