Parents file wrongful death claims against Modesto for fatal officer-involved shooting
The parents of Trevor Seever have filed separate wrongful death claims against the city of Modesto for his Dec. 29 death after being shot by then-police officer Joseph Lamantia.
“This tragedy arises from the hiring and retention by the Modesto Police Department of Joseph Lamantia despite his demonstrative lack of judgment and record of excessive and deadly force,” reads the claim filed by attorney Robert Fores on behalf of Seever’s mother Darlene Ruiz.
Seever was the fifth person shot by Lamantia while on duty and one of four who died.
“This is an extraordinary record of violence,” reads the claim.
Ruiz’s claim was filed last week and a claim on behalf of Trevor’s father, David Seever, was filed in April. The two are divorced.
Claims are often the first step attempt to resolve a matter before a lawsuit is filed.
Deputy City Manager Caluha Barnes said the city would review all the claims “and respond accordingly.”
The city has 45 days to respond to each claim. If lawsuits are filed by both parents, “As a matter of judicial economy ... it would proceed to trial as a consolidated action,” said David Seever’s attorney, Steven Fabbro.
Since his death, Trevor Seever’s mother -- as well as two of his siblings -- have been vocal in their quest for justice, speaking regularly at city council meetings and protests in Modesto.
His father David lives in Oklahoma, along with two more of Trevor’s siblings, Fabbro said. He said Trevor Seever had also lived there with his father up until a few years before his death.
While David Seever is farther away and not active on social media, “It doesn’t mean he has not felt the loss and suffered from the tragedy,” Fabbro said. “That is why we are pursuing his rights as a parent and father and successor interest.”
“No parent wants to attend their child’s funeral ... and then to have it a violent death, that is the really sad and tragic part of it; and to have it the result of a licensed peace officer, that is even more horrendous.”
Lamantia shot Seever multiple times on the grounds of the Church of the Brethren on Woodland Avenue in west Modesto.
He was the first officer to arrive at the scene after Seever’s sister called 911 to report he might have a gun and had made vague threats against his family.
But the 29-year-old wasn’t armed when Lamantia got out of his patrol car, ran toward him and twice ordered him on the ground before opening fire.
The claims say Lamantia, instead of waiting for backup and with no urgent need to act, took himself out of a position of cover to confront Seever. They say Seever was standing alone, a substantial distance from the former officer; he wasn’t threatening anyone, making threatening gestures or trying to get away; his empty hands were at his sides.
In addition to Ruiz’s wrongful death claim, Fores filed one of behalf of Seever’s stepfather Ray Ruiz and his sister Allison Seever for constitutional violations related to the alleged illegal entry into their home after the shooting.
Fores said police entered the Ruiz home on at least two occasions shortly after Trevor was shot. The first occasion was 32 minutes after the Trevor Seever was shot and his family had not yet returned to the home.
The police entered “we believe wrongfully; we are not aware that the police obtained a warrant to enter the house on that occasion; the police did not have consent to enter the house on that occasion,” Fores said.
In March, Lamantia was fired and criminally charged with voluntary manslaughter. He pleaded not guilty, and his attorney has said the shooting was justified. He is scheduled to return to court in June.
None of the claims say how much the family is seeking in damages, other than that they will exceed $25,000.
This story was originally published May 10, 2021 at 12:30 PM.
