A federal judge has ruled in favor of the family of Ulises Valladares, awarding them nearly $2 million in damages in a civil lawsuit against an FBI agent who fatally shot Valladares during a botched rescue attempt in 2018. The lawsuit alleged that Valladares, who was kidnapped and bound, was shot while being helpless as authorities entered the home where he was being held.
The FBI agent, Gavin Lappe, claimed he only fired when he thought a kidnapper had grabbed his rifle after breaking a window to enter the home. However, U.S. District Judge Kenneth Hoyt found Lappe negligent, even grossly negligent, in his response and determined that he was the sole cause of Valladares’ death. Hoyt stated that Lappe fired at a silhouette in the window without knowing who he was shooting at and did so when there was no direct threat to him or another agent.
Despite being protected by qualified immunity, Lappe was found liable and the case was allowed to proceed against the federal government. The judgment, first reported by the Houston Landing website, was a significant victory for Valladares’ family. A spokesperson for the U.S. Attorney’s Office in Houston and Lappe’s attorney did not immediately respond to requests for comment.
Former Houston police Chief Art Acevedo had publicly criticized the agent’s explanation for the shooting, stating that it was not supported by evidence. Ultimately, the ruling in favor of Valladares’ family serves as a significant indication of accountability in cases of law enforcement negligence.
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