CHP wants wrongful death lawsuit stemming from Roseville's Mahany Park shootout dismissed
ROSEVILLE — More than a year after a deadly shootout in the middle of a Roseville park, the California Highway Patrol is now trying to get a wrongful death lawsuit filed against it dismissed.
An officer and two hostages were shot in a gun battle at Mahany Park in April 2023. Both hostages were used as human shields, with one of them being killed.
The State of California claims the CHP is entitled to immunity. The CHP maintains that it did not violate policy the day officers tried to serve a search warrant at Mahany Park to Eric Abril, which led to that deadly gun battle with kids and families ducking for cover.
The lawsuit alleges "reckless planning" by investigators ultimately led to the death of James MacEgan. The lawsuit was filed by Patricia MacEgan, who along with her husband was held hostage by Abril during the standoff. Patricia was wounded, but James was killed.
The lawsuit alleges "reckless planning" by law enforcement, arguing that the CHP failed to notify local law enforcement about their plans to approach Abril, a known dangerous felon, at the busy park which was surrounded by spring break day camps at the time.
It also claims that the agency failed to follow its own policies by not having enough officers or setting up a perimeter. However, the California Attorney General's Office represents the CHP and said there is no legal basis for the claims.
In a hearing Thursday, the deputy attorney general told the judge that the CHP has immunity for any injuries caused by someone who is resisting law enforcement. But MacEgan's attorney said that it is not clear Abril even knew he was being arrested and argued that there's no immunity from unreasonable tactics or excessive force.
The MacEgans' attorney is also fighting for more evidence in the shootout, saying the CHP only provided heavily redacted documents. The judge is now mulling over whether the case can move forward. There is no word on when that decision will come down.
It's important to note that it's still unclear who shot James MacEgan—if it was Abril or if he got caught in the crossfire of a CHP bullet. It's an answer Julie Watts has been investigating since the shooting.