Lawsuit: Man deputies shot 10 times in rural Weslaco was disabled

A lawsuit filed against Hidalgo County and two sheriff’s deputies over the fatal shooting of a 25-year-old man in Weslaco claims he was shot 10 times.

Guillermo San Miguel Martinez and Maura Sanchez, the parents of Guillermo San Miguel Sanchez, initially filed the lawsuit against the county and deputies Brian Ayala and Juan Flores on Oct. 4, 2022. That lawsuit was removed to federal court last Friday.

Guillermo San Miguel Sanchez died on Oct. 6, 2021 at approximately 9:42 a.m. in the 8200 block of Ruben Navarro Street following a 911 call regarding a domestic dispute.

“Upon arrival, Sheriff’s Deputies found a female on the front yard of her residence with injuries consistent with an assault,” the sheriff’s office said on Facebook at the time. “The 63-year-old victim stated she had been assaulted by her 25-year-old son, Guillermo San Miguel Sanchez, who was inside the residence.”

The sheriff’s office said then that deputies found him inside his bedroom and armed with a knife.

“Deputies attempted to disarm the suspect with multiple verbal commands, which failed, before the suspect lunged at them,” the Facebook post stated. “Fearing for their safety, both Deputies discharged their firearms to stop the threat against them.”

They had never been identified by the sheriff’s office, and one had been with the agency for six years while the other had been with the sheriff’s office for a year, a spokesman said at the time.

A custodial death report filed with the Texas Attorney General’s Office said he died from “multiple ‘distant’ type gunshot wounds to (his) torso.”

Had he survived, that report said he would have been charged with attempted capital murder of a police officer and assault family violence.

The lawsuit, however, said that deputies responded to a call for a welfare check, not a domestic violence call.

“Sanchez was twenty-five (25) years old. He was disabled and suffered from one or more mental disorders,” the lawsuit stated.

That petition claims the deputies broke down the front door and entered the home without consent.

“There was no one else in the house. The shooting occurred in or near the only doorway to his bedroom,” the lawsuit stated. “There was no immediate threat to the lives of the officers when they both fired multiple shots at Guillermo San Miguel Sanchez.

“Nothing prevented them from retreating.”

The petition said they were armed with stun guns, batons and pepper spray, but chose to use their weapons.

The lawsuit does not mention that the sheriff’s office said that Guillermo San Miguel Sanchez lunged at the deputies. It also said neither deputy ever ordered the man to drop the knife and to stop advancing prior to the shooting, only that they had asked him to come out of the bedroom.

“Guillermo San Miguel Sanchez had a kitchen knife in his left hand at his side pointed down and was not making any threatening movements or gestures at the time of the shooting,” the lawsuit stated.

It also alleges that Ayala made false statements in his official report, including that he was a few feet away from the deputy, that he was brandishing a knife, that a blade was pointed toward the deputy and that he was worried if he backed up he might trip and fall.

That document also claims Flores made false statements in his official report, including that Guillermo San Miguel Sanchez ignored their commands to stop and drop the knife as he moved in the deputies’ direction.

In the petition, it said the final autopsy report showed 10 gunshot wounds, including three that hit him in the back.

“After he was shot multiple times by Ayala and Flores, Ayala and Flores placed Guillermo San Miguel Sanchez in handcuffs,” the lawsuit stated.

That document claims that the sheriff’s office has a vague and conflicting use of force policy that allows officers to decide whether deadly force is required based on individual judgment and not specific guidelines.

For its part, Hidalgo County has moved to dismiss the lawsuit, saying it has immunity.

“Defendant Hidalgo County denies each and every, all and singular the material allegations contained in Plaintiff’s Original Petition and demands strict proof thereof, by a preponderance of the credible evidence,” the county said in a response.

An initial hearing in federal court is scheduled for early December.