A 41-year-old Sullivan City man grazed by a bullet that struck a police officer in the arm in 2018 has filed a federal civil rights prisoner complaint against the McAllen Police Department.
Ricardo Villalon, who is incarcerated in the Dominguez State Jail by San Antonio, made the filing Friday, alleging his rights were violated when officer Edgar Devora did not disarm 31-year-old McAllen resident Michael Garza on Dec. 24, 2018.
Villalon had broken into Garza’s residence in the 3200 block of Guadalupe Street in McAllen when Garza struggled with Villalon, who was trying to rob him.
Villalon entered a guilty plea to burglary of a habitation on Nov. 26, 2019, and received a seven-year sentence.
“The owner of the house began to chase me down the street armed with a firearm,” the federal filing states. “Instead of the officer stopping and disarming the civilian he (officer) began to chase me. Yards from the civilians home I was on the ground and civilian placed his gun to the back of my head.”
Villalon complains that the officer did not disarm Garza, who fired in their direction, hitting Devora in his right arm.
In his mugshot, a large red wound can be seen on Villalon’s cheek.
Villalon is seeking $150,000 in damages.
McAllen police also arrested Garza and charged him with assault on a public servant.
He has entered a not guilty plea to the charge and his case is ongoing.