Eric and Yvette Mendonca, a Rio Arriba County couple, sued Española and the Española Police Department for failing to arrest former city councilor Phillip Chacon after a roadside altercation in 2022, resulting in Chacon running down Eric Mendonca with a truck.
Española police’s failure to arrest former city councilor led to pickup attack (Photo: Google)
Lawsuit Alleges Española Police Negligence in Handling Former City Councilor’s Violent Incident
In a case filed in the state district court, Española Police Chief Mizel Garcia and three officers are being sued for undisclosed damages and legal expenses.
The pair claims that authorities, aware of Chacon’s criminal history, including violent offenses, freed him when he paid bribes despite seeing a video of him hitting Eric Mendonca. Chacon accused Eric of breaking into a car, sparking a confrontation videotaped by an employee. Eric was gone when the police came, and Chacon and his workers lied.
Chacon provided the police with a video of the fight and acknowledged it. Unfortunately, the cops did not look for Eric to get his account. Chacon offered the police free housing and money, and their body-worn cameras showed them laughing and joking as they departed.
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Lawsuit Highlights Española Police Oversight in Violent Incident
After authorities left, Chacon reportedly struck Eric with his SUV, heading toward the Mendoncas. Chacon pivoted and ran over Eric again. The complaint alleges that the police chief and department negligently trained and hired officers and failed to investigate the prior confrontation, placing Eric at risk.
Before the fight with Mendonca, Chacon, a violent offender, pleaded guilty to aggravated battery. The event occurred during probation. His lawyers raised competence problems, delaying his criminal prosecution. Chacon is in detention for aggravated violence and evidence tampering.
This complaint alleges law enforcement carelessness in managing Chacon, allowing him to do more significant harm. It also concerns training and recruiting standards within the Española Police Department. The court process may reveal what led to the violent encounter and the police officers’ roles.
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