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Saturday, June 28, 1997

Baytown police say teen shooting was accident

BAYTOWN, Texas (AP) - What was supposed to be a lesson in parental tough love ended in death when a teen-age car theft suspect was shot by an arresting officer inside the family's home.

The Texas Rangers have been asked to investigate the Wednesday death of 16-year-old Juan Carlos Espinosa, who was shot in the head by an officer trying to draw the suspect out of the family's attic.

Juan and Yolanda Espinosa on Wednesday reported that their van was stolen Wednesday. Baytown Officer Ernest Yznaga responded to the family's complaint.

"(Espinosa's parents) told the officer that their son had taken the van, and they wanted to teach him a lesson," said Matt Hennessy, the family's attorney. "They wanted the police, if they found him, to go ahead and arrest him because of his misbehaving."

The teen's parents left the home in separate vehicles to look for the van. They quickly located their son driving the van and motioned for him to go home, Hennessy said.

The 29-year-old Yznaga also saw the van and pulled in behind it as the teen parked at home.

Yznaga, a seven-year veteran, told investigators that the teen ran away when he tried to arrest him. The officer said he chased the teen around the house and then followed him inside through a door the boy kicked in.

The family contends the officer kicked in the door.

Espinosa's younger sister told Yznaga and fellow officer Jim Kerr that her brother was in the attic.

The boy's parents arrived, and the father followed the officers upstairs to a small storage room.

Yznaga ordered the teen to come out from under a plywood makeshift bed where he was hiding.

"In the room, the officer who shot him was yelling, 'Get out!' " Hennessy said. "Juan Carlos was screaming, 'Leave me alone. Just leave me alone.' "

Yznaga then crouched down with gun drawn and lifted the edge of the bed.

The Baytown Sun, quoted unidentified sources close to the case, reported Friday that Yznaga's gun discharged when the teen bumped it while trying to run out of the attic.

Police Lt. Jackie Erikson said Friday that Police Chief Charles Shaffer would neither confirm nor deny the newspaper report. Shaffer has said the weapon discharged accidentally but that independent probes are under way.

The Harris County district attorney's civil rights division is also investigating the teen's death.

"We know he was not a perfect person, but there was no reason for this," said Espinosa's 29-year-old cousin, Jose Sanchez. "They killed him, cold-blooded murder." Send a Letter to the Editor about This Story | Start or Join A Discussion about This Story
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