Noted lawyer takes case

Topeka Capital-Journal, The, Mar 25, 2008 by Steve Fry

By Steve Fry

THE CAPITAL-JOURNAL

A well-known Topeka attorney said Monday he had been hired to represent three brothers, two of whom were shot by off-duty Topeka police during a confrontation early March 18.

Pedro Irigone-garay said Daniel Llamas, 27, Devin Llamas, 18, and Damien Llamas, 24, had retained him.

Irigonegaray represented a man who received a $4.75 million settlement from the city of Wichita in 2006 after a Wichita police officer shot him, paralyzing him from the chest down.

Irigonegaray said it was "premature" to say whether the Llamas family would file a civil lawsuit against police officers and the city of Topeka in connection with the shootings.

The attorney was asked whether he would represent any of the Llamas brothers if charges were filed against them.

"I have no reason to believe that my clients will be charged with any criminal conduct," he said.

Irigonegaray said the wounded brothers, Daniel Llamas, 27, and Devin Llamas, 18, were "badly, badly shot." He said he wasn't at liberty to release their medical conditions but did say the gunshot wounds were "significant." The two brothers remained hospitalized Monday.

The criminal investigation into details of the shooting continued Monday, Shawnee County Sheriff Dick Barta said.

"We're making progress," Barta said. "We've met with the district attorney (Robert Hecht), and he's been briefed."

The sheriff's department is conducting that probe, and Topeka police are investigating to determine whether the four officers followed department policies or procedures in the use of a firearm.

Capt. Ron Brown, executive officer to the chief, said the administrative investigation is subordinate to the sheriff's criminal investigation. That means the police probe takes a back seat to the criminal probe, Brown said.

Barta said it might be a "few weeks" before the criminal investigation is completed. Meanwhile, the four police officers remained on administrative leave with pay on Monday, Brown said. Based on a police department policy, identities of the four officers haven't been made public.

Irigonegaray said his law firm has had a lot of experience dealing with similar cases.

In April 2006, Irigonegaray represented Matthew Clay, who was 20 in 2004 when he was shot by Wichita police. Clay had stopped in a parking lot to seek help from officers after a car hit two vehicles at his home and drove away.

Wichita police thought Clay was reaching for a shotgun in his vehicle, but the lawsuit said Clay was trying to unbuckle his seat belt to comply with a police order to exit the car.

Early on March 18, Topeka police were dispatched twice to the Llamas home at 7418 S.W. 25th to deal with noise complaints.

Shortly before 3 a.m., a shooting linked to an off-duty officer was reported at the house, and police found the wounded brothers.

Soon after the shooting, Damien Llamas attributed the violence to the off-duty officers, saying the three men and one woman never identified themselves as officers.

Llamas said the woman used derogatory comments. The four were told to leave, and an argument escalated into a fight, then gunfire, he said.

Steve Fry can be reached

at (785) 295-1206

or steve.fry@cjonline com.