2009-02-11

Attorney: shooting of victim in Chino “intentional”

An attorney for the family of a Rubidoux man shot to death by a Chino police officer on Sunday night said the shooting was intentional. Mark Algorri, a Pasadena attorney speaking on behalf of the family of Daniel Balandran, anticipates filing a wrongful death claim with the city after his firm’s investigation is complete.

Balandran was a bystander when he was shot and killed by the police officer who apparently thought he was involved in a robbery at the Papa John’s shop at 12615 Central Ave.

“I have been in discussion with the attorney representing the city of Chino and I expect, in this case, that we will expect reasonable cooperation from the city of Chino,” Algorri said.

He said it was too early to respond to questions regarding a settlement with the city.

On Friday, Balandran’s family, still grieving over the loss, stood silently with Algorri at a news conference.

“To them, it will always remain a completely senseless shooting and death and it is something, needless to say, they will never get over,” Algorri said.

As Algorri spoke about the shooting death, an emotional Ariceli Millan, Balandran’s fiancee, held their four-month-old infant Manuel Balandran in her arms while Balandran’s 5-year-old daughter listened.

“This was not a young man caught in a crossfire,” Algorri said. “Daniel was shot intentionally, it turns out, by the Chino Police Department, quite a distance from where the actual robbery was taking place and what we know, and our investigation has just begun, is that he was shot in a face-to-face confrontation.

“He was not given a warning, not told to put his hands up, and not told to lie on the ground. And that is really what we have at this point in time.”

On Sunday night, Balandran went to Chino to visit a local skate park with a friend and later ordered from a McDonald’s drive-through.

Balandran and his friend parked their vehicle to eat, but left after hearing commotion from the robbery, Algorri said.

Balandran was shot just south of the pizza shop, Algorri said.

Chino Valley spokeswoman Michelle Van Der Linden confirmed that the city’s attorney has been in discussions with Algorri’s office, but she could not comment on the accuracy of his descriptions of the incident.

A Chino police officer wounded in the shootout is in stable condition at a hospital, Van Der Linden said.

On Friday, the robbery suspects — Edward Cisneros, 28, of La Mirada, and Joel Anthony Jaquez, 28, of Hacienda Heights — remained hospitalized at Arrowhead Regional Medical Center in Colton.

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