A wrongful death suit filed against a border patrol agent in the shooting death of Valeria “Munique” Tachiquin Alvarado nearly two years ago now includes two additional defendants.
An Aug. 1 amended complaint filed by attorney Eugene Iredale on behalf of Tachiquin Alvarado’s family adds Border Patrol agent Alex Roozen and Stephanie Shavatt, an official with the United States Office of Personnel Management Investigations Service, as codefendants in the case, joining the original defendant and Border Patrol agent Justin Tackett.
“The amended complaint names two additional defendants and alleges that they (Roozen and Shavatt) were also responsible for the events,” Iredale said.
Tackett is accused of firing his semiautomatic pistol 10 times from the hood of Alvarado Tachiquin’s 1994 Honda Accord that killed the 32-year-old mother of five.
An autopsy report ruled Tachiquin Alvarado’s death as a homicide and stated multiple gunshot wounds as the cause of death.
Tackett allegedly shot and killed Tachiquin Alvarado on Sept. 28, 2012, after agents had tried to execute an arrest warrant on the woman’s acquaintance.
At the time of the incident, law enforcement officials said Tachiquin Alvarado was in an apartment on the 600 block on Moss Street in Chula Vista.
Undercover border patrol agents arrived at the apartment to execute an arrest warrant on someone regarding immigration charges.
But Iredale contends in court papers that agents “had no search or arrest warrant which authorized entry into the apartment.”
Iredale states in court papers that since agents did not possess a warrant they were at the apartment to conduct a “knock and talk.”
“They were required by law to refrain from any non-consensual entry into the apartment,” Iredale states. “Under the law, they could attempt to speak with the persons in or around the apartment.”
Authorities have said Tachiquin Alvarado was not the subject of the warrant.
Tachiquin Alvarado was on probation for a 2011 narcotics conviction at the time of the incident.
According to Border Patrol officials, Tachiquin Alvarado tried to flee the scene by driving away, which is when she allegedly struck agent Tackett with her car. Authorities reported that Tackett, while on the hood of the car, was dragged 300 yards.
But Iredale stated at a May press conference announcing the wrongful death suit that witnesses’ accounts say that Alvarado Tachiquin did not hit Tackett with her car but rather he forced himself on the hood of the vehicle.
Iredale also said that a border patrol spokesman had told him that Tackett shot Alvarado because he feared for his life.
Roozen was one of Tackett’s partners during the incident.
Under Tackett’s direction, Iredale said, Roozen smashed Tachiquin Alvarado’s driver’s side window, which caused her to panic and attempt to drive away from the scene.
“We believe his actions in smashing the window which probably caused glass to fly into her face and eyes, caused her to become afraid, to panic and to drive away,” Iredale said. “So we think he bears some responsibility for the events as well.”
Iredale said Roozen didn’t have to obey Tackett’s command because Tackett wasn’t in an authoritative position.
“(Roozen) was not compelled because of any rank to comply, he was doing something at Tackett’s suggestion or insistence but he wasn’t required to do it. It was manifestly inappropriate and excessive.” Iredale said.
Iredale said he has obtained a recording of Tackett telling Roozen something to the extent of “crack the window.”
Shavatt is included in the suit because she cleared Tackett to be hired by the Border Patrol despite his bad track record as an Imperial County Deputy Sherriff.
“In this case, the defendants who hired Tackett violated the government’s own rules and regulations by failing to screen, and failing to investigate issues of Fourth Amendment violations and dishonesty which were available in public record,” Iredale states in court records.
Attorney Richard Tolles represents the three defendants.
Tolles did not return requests for comment.
In three years as an Imperial County sheriff, Tackett was suspended four times for misconduct including crashing a patrol car and violating suspects’ rights — among them constitutional violations of search and seizure laws.
Tackett resigned as an Imperial County sheriff on Dec. 19, 2003, before the department could terminate him.
Between 2004 and 2006, Tackett worked as a staff assistant in the El Cajon office of former Congressman Duncan Lee Hunter.
Iredale wrote in court records: “Hunter and his office strongly recommended Tackett for employment with the U.S. Border Patrol.”
Iredale said in court papers that Hunter’s endorsement of Tackett had an influence in Tackett’s hiring with the Border Patrol.
“Hunter wrote a letter of recommendation on his official stationary to defendant Shavatt at the Personnel Security Division, touting Tackett and recommending the clearance of Tackett for hiring,” he said in court papers.
“Within two weeks of Hunter’s letter, Shavatt recommended the clearance of Tackett for hiring.
Iredale added: “Shavatt failed in her obligation to adequately screen Tackett for employment.”
Iredale, in court records, contends that Shavatt neglected to conduct an extensive background search on Tackett that would have disqualified him from employment under the agency’s own regulations.
“Further, Shavatt failed to confirm to the agency’s own rules to investigate and document the important background evidence of previous employment,”
Iredale said Tackett remains the most at fault for Tachiquin Alvarado’s death, but that the other defendants also had roles in it.
“I think it’s clear that the chief malefactor is Justin Tackett but the fact is that absent Shavett’s violations he would never be in that position and absent Roozen’s help in smashing the window, the incident in all likelihood would not have developed as it did.”
Iredale also said based on the discovery he was able to conduct a more specific analysis of the events of the day, which provided a more detailed description of what occurred before the shooting.
Iredale said Tachiquin Alvarado’s family is still coping with her death.
“I think it’s fair to say they’re all trying their best to adjust to the world without Valeria and I think it is also fair to say for all of them, especially for the children, life will never be the same.”
Iredale is demanding a jury trial.
