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Slain Teen's Parents Win Historic Lawsuit

By Lyndsay Levingston

POSTED: Friday, May 30, 2008
UPDATED: 1:50 pm CDT May 30, 2008

Parents of a teenage boy killed by a rookie Houston Police Department officer in 2003 won a historic civil rights lawsuit that has prompted changes in officer training policy, KPRC Local 2 reported.

On Nov. 21, 2003, Houston police were responding to a call at a northwest Houston apartment when they told 14-year old Eli Eloy Escobar and other teens to stand outside during their investigation.

Eli, who was unarmed and not involved, tried to leave and was shot in the head during a scuffle with HPD rookie officer, Arthur Carbonneau.

Carbonneau said his pistol accidentally fired as he struggled with the teen.

Lydia and Eli Escobar Sr. filed a civil rights lawsuit in 2004 seeking damages and calling for improvements in HPD firearms training.

The family finally won their battle when the Houston City Council voted on Wednesday 12-1 to settle the lawsuit.

"What we've gone through is very hard for us," Escobar said. "The main thing we're fighting for is for our son, not to be in vain, but to be remembered."

"The Escobars and our goal is the same and that's to have this child's life have meaning," Houston City Council Member Melissa Noriega said.

The settlement agreement includes a $1.5 million payment including legal fees, a plaque erected at Guadalupe Plaza Park in southeast Houston to memorialize Eli's life, and a letter of apology to the family written by Houston Mayor Bill White on behalf of the city and HPD.

"I want to let the Escobar family know we take the death of a young person very seriously," White said.

The city's commitment to change gun-handling training and expand crisis intervention training will be implemented with the following revisions.
  • "The Escobar Rule" -- Officers will be required to keep their finger off the trigger of their weapons until they have made a conscious decision to shoot.
  • All HPD cadets pass each graded component of firearms training before graduating from the academy.
  • Officers attend a mandatory eight hour "Decision Making Skills & Integrity Class."
  • Gun-handling component in annual firearms qualification.
  • Forty hours of HPD Academy Crisis Intervention Training and an annual eight hour refresher course each year after graduation from the academy.

Carbonneau resigned from the Houston Police Department in 2004.

In 2005, he was convicted of criminally negligent homicide in the death of Escobar. He served 60 days in jail and was assigned to probation for five years, six months and 14 days.

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