At the Supreme Court this morning three families filed wrongful death lawsuits against government, Commissioner of Police Jose Zetina, and the police officers who they say killed their sons, brothers, and for most the breadwinners of their family.
The lawsuits were filed separately but today the three families along with Lucy MacDonald, who is suing separately but whose son Darnel was also killed by police, met up at the supreme court and filed court papers which if successful would force the police department to pay for the lives they took. But as Keith Swift found out, these mothers, and wives, and daughters, and even a father don't want money; they want justice.
Keith Swift Reporting,
In just the past 12 months, these four men: Ruben "Pony" Alcaron (killed June 7th 2003), Darnel McDonald (killed June 14th 2003), Leroy Pilgrim (February 12th, 2004) and Frederick Espinosa (killed September 29th, 2003) were all killed by police, all shot dead. Now their families want justice and their search began this morning.
They came here to the Supreme Court this morning looking for true justice for their brothers, sons, fathers, and breadwinners who they claim were killed by the police and this morning not even the tears were enough to express their outrage.
Lucy Macdonald, Mother of Darnel Macdonald
"My son wasn't in the wrong, my son wasn't doing anything. All my son was trying to do was to come out of the police way, that's all he was trying to do and they killed him for nothing and it hurts. It's almost a year and it still hurts as though it just happened yesterday so my grandchildren are left without a father and I am left without a son."
Elena Pilgrim, Wife of Leroy Pilgrim
"They took away my husband and...I don't know...[Crying]...he wasn't doing anything for him to be shot like that. That was a cold-blooded murder. You know since I lose my husband it's been hard and tight on me. You know what's it like to wake in the morning and not see that loved one beside you anymore? When my little girl asks where is dad I have no answer."
And also no answers have been forthcoming from the police so these families have filed a lawsuit, which will force the PD to pay up.
Lunette Alarcon, Sister of Frederick Alarcon
"We are not getting any kind of progress in this case because from the time the case got called up we haven't seen the person face or nothing at all and we have been here at the court several times and nothing happened so we have to try to do something because we want justice for our brother."
Adella Alarcon, Sister of Frederick Alarcon
"Yes we want some answers, we really need some answers so that we can get some justice at least, that is all we are asking for at least."
Does your family fear that you won't get justice for Frederick? That his death will just go like that?
Lunette Alarcon,
"Well that is the way how we are seeing it but we will never leave it to go like that. If it is the last thing we will try and see that my brother gets justice."
What are you hoping to get from this lawsuit for the death of Darnel?
Lucy Macdonald,
"I am not out for just the money but I think that the police should take care of these little boys that I have, Darnel's children, because Darnel is no longer here to take care of his children and I am an old person and I cannot do everything that Darnel would have done. So with this lawsuit if it comes true at least the children will have somewhere to say later on okay I can go to high school with this."
Elena Pilgrim,
"My husband was a very providing man, he was very loving, he was always there on time for us and we were never short of anything. I need justice, I need some serious justice to be served."
William Pilgrim, Father of Leroy Pilgrim
"We would like to have justice and I guess all of us out here want some justice for our family that died."
Does that justice have a dollar amount? Can any amount of money be enough?
William Pilgrim,
"Well no whatever money they get will never be enough but since he has kids and since he has a wife, they used to depend upon him and if they get some money then maybe they can do something for the kid or for the wife because he will not be back here again - that's finished."
Their lawsuit for wrongful death was filed on their behalf in the Supreme Court this morning by Attorney Antoinette Moore.
Antoinette Moore,
"We have today filed three civil lawsuits on behalf of three different families. The lawsuits are claiming tort, claiming wrongful death of the three individuals. We are asking for damages for these wrongful deaths for their families that remain behind. These cases unfortunately are not unique, cases have been filed in the past against the government of Belize in the person of the Attorney General, Commissioner of Police, and the various police officers responsible for the deaths. These cases seldom go to trial though, they generally are settled but in these specific matters we don't know because they are just being lodged today so we don't know if they will reach the trial stage but certainly the families have instructed me to be vigorous in the prosecution of these cases and to seek justice on behalf of their family members."
For these family members - a victory in court will be vindication, but they tell us that it will never be enough to erase the memory of their violent deaths or ease the pain.
Police officers have been charged with manslaughter for the deaths of Rueben Alarcon, Darnel McDonald, and Leroy Pilgrim but all three cases have yet to go to trial. All four wrongful death lawsuits were filed separately.
There is a precedent for a wrongful death lawsuit against the police as after Daniel Tillet was killed while at the Belmopan police holding cell on Independence Day 1999, Tillet's family sued government and last August the case was settled out of court. The settlement was for an undisclosed sum, which Antoinette Moore who represented the family says "wasn't much."