lceditor posted on November 05, 2009 17:50
By Brad Devereaux
A complaint has been filed in the 5th Judicial District Court of Big Horn County against the Town of Lovell and a Lovell police officer that alleges the officer’s negligence led to a murder/suicide involving two Lovell residents in November of 2007.
The complaint was filed by Brenda Davila Lopez’s mother, Martha Davila, and alleges that the negligence of Lovell Police Officer Robert Bifano led to the death of Brenda Lopez and her estranged husband, Steven Lopez, who shot and killed Brenda before turning the gun on himself in the front yard of their Lovell home.
Prior to the incident, Steven Lopez had recently returned to Fort Bragg, N.C., in the spring of 2007, from active duty in Afghanistan. The plaintiffs believe that Steven Lopez was mentally ill, emotionally distraught and presented a clear danger to himself prior to and at the time of his death.
The complaint outlines several phone calls from Sgt. First Class Ham at Fort Bragg, first requesting the LPD check on Steven Lopez because of concerns for his welfare on Oct. 19, and later requesting that he be detained, evaluated and arrangements made for Lopez to travel back to Fort Bragg to receive help.
The complaint alleges that officer Bifano ignored warning signs that Lopez was a danger to himself and others, and failed to detain him, allowing Lopez to go free after he promised to return to Fort Bragg on his own. According to the complaint, Lopez was allowed to go free on Oct. 29, 2007, after being detained temporarily by the LPD at the request of Sgt. Ham. Lopez never returned to Fort Bragg and instead killed Brenda and himself on Nov. 5, 2007.
Martha Davila filed the complaint, individually and as a representative of the estate of her daughter, Brenda Davila Lopez. The complaint lists 11 other members of the Davila and Lopez families as claimants of the estate and alleges that Bifano’s negligence led to the infliction of emotional distress on family members who witnessed the event.
The complaint seeks unspecified damages including financial losses arising out of the death of Brenda Lopez, as well as damages for emotional distress, sorrow, mental anguish, companionship, guidance, advice, loss of services, assistance and loss of solace.
Editor’s note: A full story with more details about the lawsuit will appear in the Thursday, Nov. 12, print edition of the Lovell Chronicle.