Saturday, July 12, 2008

Mother claims police negligence

Evelyn Cronce El Defensor Chieftain Reporter, ecronce@dchieftain.com

Citing a legal principal that holds an employer responsible for the actions of an employee, Julia Gabaldon has filed a wrongful death civil complaint against the city and county of Socorro.

The complaint charges that negligence on the part of three Socorro County Sheriff's deputies and one Socorro City police officer contributed to the death of 37-year-old Eileen Elizabeth Gabaldon.

The officers — Michael Gonzales, Michael Silva, Adrian Tapia and Steven Hall — are also named individually as defendants in the lawsuit.

Gabaldon is suing on behalf of her juvenile granddaughter, the daughter of Eileen Gabaldon.

The complaint claims Eileen Gabaldon died of injuries inflicted by Vincent Barela, 34, of Socorro, over the three-day period of Feb. 8-10. Court documents mention two calls to law enforcement on Feb. 8.

The first call to Socorro City Police, a report of death threats against Eileen Gabaldon and her uncle, was allegedly not investigated.

A second call later that day, was for a fight in progress at Barela's residence. Law enforcement officers from the city police and the Sheriff's Office reportedly responded.

The complaint alleges the officers did not investigate findings of blood on Barela's person and clothing, moaning coming from inside the residence and inconsistencies in Barela's explanations. No one attempted to enter the residence, Barela was not arrested at that time and no further investigation took place.

Magistrate Court records indicate Eileen Gabaldon was found when Barela called police on Feb. 10 and claimed Eileen Gabaldon had just arrived at his residence and had been severely beaten. She was taken to the University of New Mexico Hospital in Albuquerque.

The civil complain states she died Feb. 12 from multiple blunt force injuries, facial fractures, brain damage, and first- and second-degree burns to her body, chest and neck.

Barela was charged on Feb. 14 with an open count of murder in Eileen Gabaldon's death. Barela is currently awaiting the results of competency testing. A status hearing on the matter of competency is scheduled for Tuesday, Sept. 2, 9 a.m., in the 7th Judicial District Court, in Socorro, before Judge Kevin Sweazea.

Barela remains in jail in lieu of a $500,000 cash bond.

The civil complaint does not ask for a specific amount for damages. Instead, it asks for an amount the court decides would be reasonable for the child's loss of her mother.

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