Julian "Jules" Collender's Family Files Federal Suit Against Brea Police Over His "Unjustified" Killing
The suit names as defendants the Brea Police Department, Neel, his fellow detectives David Dickinson, Brian Parker and Austin Phillips and officers Jesse Garduna, Travis Leever, Lamarra Tinnin and Darnesha Montgomery. And the announcement of the suit includes some choice words for the Orange County District Attorney's office (OCDA).
The OCDA released an 11-page letter on June 29 explaining why criminal charges would not be filed against Neel.
The announcement of the federal suit by Richard and Yen Collender quotes the father saying, "The OCDA and Senior Assistant DA Jim Tanizaki "coldly released their decision" around the one-year anniversary of his son's death.
The OCDA is not named as a defendant in the complaint, however.
The introduction begins, "This case challenges the unjustified shooting and killing of Plaintiffs' son Julian Stanley Collender ("Julian") by Defendant Shawn Neel, and the subsequent unlawful arrest, detention, search, abusive treatment and excessive force used against Plaintiffs after their son's death." Read the full complaint at www.sdshh.com.
Three people inside a car were robbed at gunpoint around 8:15 p.m. June 29, 2010, in the parking lot of the Mercado Del Rio shopping center on La Palma Avenue and Weir Canyon Road in Yorba Linda. One victim recognized the gunman and called Brea PD, which patrols Yorba Linda. Neel was the first to arrive at the home of Collender lived in with his parents in the 24000 block of Avenida de Marcia.
Police and the OCDA claim the 25-year-old made movements that indicated he was carrying a gun before Neel--who is alleged to have feared for his own life--shot Collender once in the stomach with a high-powered assault rifle.
The family claims Collender, who later died at a local hospital, was trying to surrender when Neel shot him. The parents also claim the mistreatment did not stop there, alleging that when they tried to rush to their son's aide, they were kept away from him by cops, held against their will in police units and originally forbidden from going to the hospital.
The death of Jules and treatment of his parents have drawn protests in front of Brea PD and in the chambers of the Yorba Linda City Council, which has even been urged to kill its contract with the police agency.
The Collenders are represented by Woodland Hills attorney Dale L. Galipo and the Venice-based law firm Schonbrun Desimone Seplow Harris Hoffman & Harrison LLP, which also has an office in Pasadena. Erwin Chemerinsky, the dean of UC Irvine's School of Law, works "of counsel" for the firm, meaning he's not a partner or associate.
The announcement follows on the next page . . .