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The city of Edinburg has settled a federal lawsuit brought by the mother of a 29-year-old man who was shot and killed by police in 2021.
Sandra Diaz filed the lawsuit on behalf of Jesse Davila’s minor children in 2023 after she made unsuccessful attempts at uncovering more details about the death of her son.
Davila was shot to death on Jan. 11, 2021 by officer Alex Cruz at around 5:49 a.m. at 1709 Orlando St. Apt. B.
The settlement, which is for his children, is sealed.
Diaz also sued Nancy Reyes, the mother of Davila’s children, who called police the night Davila was shot to death.
U.S. Chief District Judge Randy Crane approved the settlement following a Wednesday hearing in McAllen federal court. Crane further ordered that dismissal documents be filed under seal within 30 days of the settlement approval, court records show.
The resolution comes months after Diaz’s attorneys hired San Antonio Police Department Assistant Chief of Police Jose L. Bañales, who has 35 years experience in law enforcement, as an expert witness in the case.
Bañales reviewed the evidence and determined that Davila, who was shot multiple times, posed no threat when he was killed.
The deadly chain of events began at 12:58 a.m. that day when police responded to the apartment in reference to a man, who was possibly suicidal, causing problems by pouring lighter fluid in the backyard.
That man was Davila and he had left before police showed up, but was later seen in the area and was questioned. He denied pouring the lighter fluid and said that he and Reyes were arguing over money.
Reyes told police that Davila had taken pills to overdose, but Davila told investigators that he had a Xanax prescription for bipolar disorder and anger issues and that he was just trying to leave.
Police determined Davila wasn’t experiencing suicidal ideations and didn’t require EMS.
At 5:49 a.m. that morning, police were again called to the apartment for an assault in progress where police said they found Davila assaulting Reyes.
Cruz, who was not dispatched to the call, responded because the location was near his assigned area.
The officer said he heard screaming and believed there were children inside so instead of waiting for another officer, Cruz made entry to the apartment with his gun drawn and said he saw Davila choking the woman.
“Officer Cruz states that the suspect stopped assaulting the female and the suspect slowly turned his head towards him and gave him a ‘1,000-yard stare,’” Bañales’ report said.
During the confrontation, Davila puffed up his chest and spread his arms and advanced at Cruz while asking, “you going to shoot me?”
Cruz then ordered the woman to leave and pushed Davila, knocking him to the floor. Davila stood back up and Cruz said Davila escalated the situation, charged and swung his arm.
“Officer Cruz states that the suspect lunged at him again and this time the suspect was reaching out with both his hands,” the report said. “Officer Cruz states in his statement that due to the suspect’s use of deadly force, he decides to shoot the suspect.”
Bañales, the expert witness, was prepared to testify that Davila was experiencing a mental health crisis and may have been suicidal.
He determined that Cruz made no attempt at de-escalation and that he mistook Davila’s “1,000-yard stare” as an indicator that he was going to attack when that unfocused gaze is a symptom of people experiencing “dissociation due to acute stress or a traumatic event(s) and or PTSD.”
Bañales further found that Cruz’s actions indicated the Edinburg Police Department was indifferent and not providing adequate training in the use of force, crisis intervention training and de-escalation training.
“Mr. Jesse Daniel Davila posed no immediate threat of death or serious bodily harm by merely disregarding Officer Cruz’ commands and started walking towards Officer Cruz, while clearly displaying his hands and not in possession of a deadly weapon,” the report said.
Bañales stated in his report that Cruz “was negligent and failed to use sound judgment in the deployment of deadly force when there is no immediate threat of death or serious bodily harm…”
Editor’s note: This story was updated to correct the mother’s last name.
