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Father sues city of Mission after fatal police shooting

The article was updated Monday, April 8, 2019 after incorrectly stating the name of the attorney who represents David M. Green Sr. The attorney is Victor Rodriguez Jr.

A father filed a wrongful death lawsuit against the city of Mission last week — exactly two years after police officers shot his son.


David M. Green Sr. of Battle Creek, Michigan, filed the federal lawsuit against Mission on Feb. 22. Along with the city, the lawsuit also includes claims against three police officers.

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The lawsuit resulted from a police shooting at the Wagon City South mobile home park on Conway Avenue. David Green Sr. lived at Wagon City South with his 38-year-old son, David M. Green II.


At about 1:40 p.m. on Feb. 22, 2016, David Green Sr. called 911.


“Mr. Green calmly explained to the dispatcher that his son was mentally ill and diagnosed with schizophrenia, but was off his medication and making physical threats,” according to the lawsuit. “Mr. Green also told the dispatcher that David was a mental health patient who had spent significant time in a hospital and was at that point in the midst of a mental health crisis.”


During the call, David Green Sr. said his son grabbed an ax and threatened to kill him.


“The dispatcher did not, however, report David’s mental illness or past treatment nor call for any medical personnel or mental health crisis specialists to report to Wagon City South,” according to the lawsuit.


When police Officer Jorge Cabrera arrived, David Green II had swapped the ax for a machete.


“Rather than try to de-escalate the crisis, Officer Cabrera immediately drew his weapon without provocation and yelled commands while pointing his handgun at David,” according to the lawsuit. “Officer Cabrera ordered David to drop the machete. David did so within seconds.”


David Green II didn’t surrender after dropping the machete. He jumped in his father’s truck and started driving through the mobile home park.


Officers shot and killed David Green II after he attempted to run them over, according to information released by the Mission Police Department in February 2016.


The lawsuit, though, tells a different story.


An officer deliberately positioned himself in front of the truck, according to the lawsuit. Another officer shot David Green II after the truck careened off the road and struck a tree.


Three officers fired their weapons during the incident. David Green II died at the scene.


The lawsuit seeks damages on behalf of David Green Sr. and on behalf of David Green II’s estate.


Attorney Victor Rodriguez of McAllen, who represents David Green Sr., and Mission City Attorney Abiel Flores declined to comment on the case.

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