A federal judge has awarded nearly $2 million to the family of Ulises Valladares, a Texas man who was fatally shot by an FBI agent during a failed rescue attempt in January 2018. Valladares, 47, was kidnapped and was helpless at the time of the shooting, being bound and blindfolded when FBI agent Gavin Lappe fired his weapon.
The incident occurred in Houston when law enforcement attempted to rescue Valladares from a home where he was being held captive. Agent Lappe claimed he fired his weapon because he believed a kidnapper was trying to take his rifle after he broke a window to enter the house. However, he did not realize he was shooting at Valladares.
In a 10-page ruling, U.S. District Judge Kenneth Hoyt found that Lappe acted negligently, stating he was "the sole cause" of Valladares’ death. The judge pointed out that Lappe fired at a silhouette without knowing who it was and that there was no immediate threat to him or other agents present.
The ruling allows Valladares’ family to seek damages from the federal government, even though Lappe himself was protected by qualified immunity in this case. Valladares’ mother and son will receive the awarded damages as they continue to seek justice for his death.
Former Houston police Chief Art Acevedo previously remarked that Lappe’s explanation for the shooting was not supported by evidence from the investigation. The case has drawn attention to the actions of law enforcement during high-stakes rescue operations and the consequences of their decisions.
As of now, representatives from the U.S. Attorney’s Office in Houston and Lappe’s attorney have not commented on the ruling.