Case Examples

Aragon, Christina v. Ferner, Sgt. Jeff, et al., CIV 02-1154 BRB/ACT (USDC)

12 Jun 12
  • Case Type: Litigation
  • Ruling: Judgement as a matter of law.

On October 21, 2000, minor Christina Aragon and a group of her friends were planning to attend a party they learned about from a flyer. The group of minors believed they needed to set up equipment for a band that was going to play at this party. When they arrived at the house, the group of friends was locked out. They checked multiple doors and windows to see if they could get in despite not having a key nor having the residents of the house with them. Aragon was not sure at the time if she had permission to enter the home. However, she did claim she never intended to burglarize or steal, but rather assist and attend a large house party.

An APD lieutenant learned from other law enforcement officials juveniles planned to break into a home to hold a party on the night of October 21, 2000. This particular house had just been sold and was vacant and no one had permission to enter the residence. The lieutenant had approval from his supervisors to apprehend any persons that entered the home illegally.

The lieutenant and two other officers went inside the house and wait to see if anyone would show up. At 5:30pm, the officers noticed Aragon and her group of friends enter Hidden Park which runs right along the residence. The lieutenant waited in the kitchen to see what the group of minors was planning to do. Several individuals jumped the fence and made their way to the backyard. The officers witnessed several in the group attempting to disengage a lock on the rear entrance of the house. One in the group even began cutting the screen door.

The group of juveniles eventually found a way to get inside the residence. Immediately, a sergeant recognized himself as the police and ordered everyone to stop. Three male juveniles complied immediately with the orders. Allegedly fearing for her safety, Aragon turned to flee. As she was running away, a sergeant fired a taser in the direction of Aragon. The taser’s barbs penetrated Aragon’s Scalp and back. Aragon alleges she was at the top of the stairs when struck by the barbs and caused her to fall down the stairs injuring her face and eyes.

The lieutenant arrested Aragon and cited her with Residential Burglary and conspiracy to commit Burglary.