February 2, 2012
PRESS RELEASE
By: Chow & Hamilton, Lawyers
In the matter of: Abel, et al v. State of California, et al, Riverside Superior Court Case No. RIC 10010507 (CALDOJ/ARCNET Police Shooting - Hemet California)
At approximately 8:30 p.m., on August 26, 2009, on a large and otherwise unremarkable dusty piece of family-owned land in rural Hemet, California, three men - relatives, Shawn Abel, Daniel Hadfield, and Joshua Thacker, left their loved ones, including children, in a trailer home on the property, boarded their own vehicle and drove out to a certain area on the property to investigate the incursion onto the property by an unmarked Chevy Tahoe, which had been seen entering their land without permission earlier that day. The men shared the singular desire to understand the reason for the vehicle's presence on their property and to inform the intruders that such presence was unwelcome and particularly given the Tahoe's high rate of speed as it traveled back and forth on the property's dirt road, endangering the family's children who played regularly on that road. The property in question was clearly and unmistakably identifiable as private property.
As Abel, Hadfield and Thacker's vehicle approached the mysterious Tahoe, they exited their own vehicle, shouting and waiving wildly in an effort to signal the rogue Tahoe to stop. Instead of stopping however, the occupants of the Tahoe unleashed a barrage of gun-fire, driving the three back into their vehicle. The intruding Tahoe, after passing the three startled occupants of the property, maneuvered their vehicle in a sharp u-turn back towards the three, continuing to fire on the men, creating the distinct impression that the occupants of the Tahoe were intent on gunning Abel, Hadfield and Thacker down. A high speed chase then ensued, snaking its way off of the property and onto the streets of Hemet, until the intruders broke their pursuit.
In the melee, Abel sustained a nearly fatal gunshot wound. The three diverted desperately to a local hospital where he was immediately admitted with extensive injuries which would change his existence forever. These three unsuspecting and innocent men, and their family members who remained at home during the course of the incident, but heard and understood the grave nature of the shooting which was taking place outside, have been deeply injured and traumatized by this vicious and unexplained event.
Were the intruders assassins? gangsters on a rampage? or drug traffickers who had simply selected the wrong piece of property for their illicit activities? The disturbing answer is, none of the above, since they are revealed to have been peace officers sworn to serve and protect as members of the California Department of Justice Joint Task-force known as ARCNET, who were operating clandestinely on the property in question, in a surveillance operation related to a neighboring property. Abel, Hadfield and Thacker were simply in the wrong place at the wrong time on their own property, and apparently in "contempt of cop" for daring to inquire as to why an unmarked, unauthorized vehicle, without sirens should operate with reckless abandon on their property.
It is undisputed that none of the occupants of the property on which the shooting took place were involved in any wrongdoing, and were not the subject of any ARCNET or other law enforcement investigation or warrants. Indeed, none of the three have been charged or accused of any crime.
A lawsuit on behalf of Abel and other family members was filed on May 27, 2010 in Riverside Superior Court by Attorneys Peter Chow & Duane M. Hamilton of Chow & Hamilton, Lawyers, Fullerton, California, Case No. RIC 10010507, seeking an as yet indeterminate amount of damages for multiple plaintiffs, and naming the State of California and the California Department of Justice as defendants. The complaint was amended on March 9, 2011, and this litigation remains pending.
In the course of discovery, the plaintiffs have learned that since the shooting, one of the task force officers involved in the shooting (a seven and a half year veteran of the DOJ), is now inexplicably, no longer employed by that agency as of October 31, 2009, a mere two and a half months after the incident.
This case and its underlying story raise troubling questions which are yet to be resolved as to the extent to which law enforcement may operate unannounced and without a warrant, or the permission of the occupants, on the private lands of ordinary and innocent members of the community. It appears that a shoot first and ask questions later attitude (if not an outright attempt on the lives of the three primary victims) prevailed in the actions of the task force members involved in this tragic and life altering event.
The plaintiffs desire for the State's timely admission of responsibility and a meaningful explanation of the shooting, along with some gesture at remedying this wrong, has thus far, been met with cold and unapologetic legal process by the State.
Chow & Hamilton continue to vigorously pursue this important case on behalf of the Plaintiffs.
Chow & Hamilton may be contacted at: 285 Imperial Highway, Ste. 207
Fullerton, California, 92835
Phone (714)441-3400
Fax (714)441-3407
e-mail: chwhmltn@aol.com
