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, 2007, and later requesting that he be detained and 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.
As of Monday, officer Bifano had not been served. Once served, he will be represented by the Wyoming Attorney General’s Office, according to Misha Westby of the AG’s office.
Representation for the Town of Lovell will be handled by the Wyoming Local Government Liability Pool.
The complaint alleges that officer Bifano and possibly other members of the LPD had warning signs that Lopez was a danger to himself and others before he killed his wife and himself on Nov. 5.
According to the complaint, Ham called the LPD on Oct. 19, 2007, to request a welfare check on Lopez. He allegedly told a dispatcher he wanted to make sure “nothing crazy happened” and the dispatcher agreed to pass the information on to an officer.
On Oct. 20, according to the complaint, Ham again called the LPD, “to make sure that he (Steven Lopez) doesn’t do something crazy because he and his wife are having a lot of problems.”
On Oct. 29, Ham allegedly told the LPD he was concerned after receiving disturbing text messages from Lopez.
“I don’t want nothin’ to happen to this young soldier,” Ham said. “I was wondering if someone could go by his parents’ house …(to inform Lopez’s parents) that he is sending text messages to his boss that he is suicidal…so we can get him back here and get him some help … Please call me because I don’t want this dude to commit suicide or kill his family, and that’s what’s on our minds right now.”
Later on Oct. 29, Ham allegedly spoke to Bifano on the phone.
“We are worried about him and the welfare of his family,” Ham allegedly said. “Me and my people are trying to get him some help.”
Ham allegedly told Bifano he was worried because Lopez’s family members were not returning several messages concerning Lopez’s mental state.
The complaint alleges that Bifano talked to Martha Davila and Brenda Lopez Davila and had gathered information that Lopez had been violent with his family in the past. Bifano also allegedly told Ham that he had spoken to Lopez’s family members, but he felt they were lying to him.
Ham allegedly read a text message to Bifano he received on Oct. 23 from Lopez, which stated, “I was a lot worse off over there than I showed, my life is so f____d up right now, I can’t take it. I am figuring out how to stay alive.”
Ham later talked to Lopez by phone and had him temporarily detained at the Lovell Police Department.
When Ham talked to Bifano again, the complaint alleges that Lopez told Bifano “he was having a rough time but would not hurt himself.” Bifano indicated that Lopez promised he would call Ham and head back to Fort Bragg immediately. The complaint alleges that Bifano never followed up to make sure Lopez returned to Fort Bragg and ignored warning signs that Lopez was a danger to himself and others, allowing him to leave the police department. Under Title 25 of Wyoming Statutes, Lopez should have been taken into custody and examined by a medical professional before being cleared for release.
“Bifano, with his training, certification and experience as a police officer, knew the warning signs and risk factors which exhibited clear facts indicating that there was a high probability that Steven Lopez was a risk to himself and his family and further had an obligation to request an examination of Steven Lopez while he had detained him at the police station,” the complaint alleges.
One week later on Nov. 5, 2007, Lopez shot and killed Brenda Davila Lopez in the front yard of their Lovell home before turning the gun on himself.