A federal judge has awarded nearly $2 million in damages to the family of Ulises Valladares, a Texas man who was fatally shot by an FBI agent during a rescue attempt in January 2018. Valladares, 47, was kidnapped and was bound and blindfolded when the incident occurred.
The shooting took place as authorities tried to enter a home where Valladares was being held. FBI agent Gavin Lappe fired his weapon, claiming he believed a kidnapper was trying to grab his rifle after he broke a window to get inside. However, he did not realize he was shooting at Valladares.
In a ruling by U.S. District Judge Kenneth Hoyt, Lappe was found to be negligent, and even grossly negligent, in his actions. The judge stated that Lappe fired at a silhouette without knowing who it was and did so when there was no immediate threat to himself or another agent nearby.
The family of Valladares filed their lawsuit in Houston federal court, arguing that the agent’s actions led directly to Valladares’ death. Although Lappe was protected from the lawsuit due to qualified immunity, the case was allowed to move forward against the federal government.
Judge Hoyt’s decision highlighted the lack of evidence supporting Lappe’s explanation for the shooting, a point previously made by former Houston police Chief Art Acevedo. He stated that the agent’s reasoning was not supported by the investigations conducted by police.
The judge awarded damages to Valladares’ mother and son, emphasizing the tragic consequences of the botched rescue effort. A spokesperson for the U.S. Attorney’s Office and Lappe’s attorney did not respond to requests for comments regarding the ruling.