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Motion to dismiss lawsuit against EPPD officers involved in deadly shooting denied

Mugshot of Mando Kenneth Gomez courtesy of the El Paso County Sheriff's Office.

A judge denied three officers' motions to dismiss a lawsuit filed against them.

According to court documents, 22-year-old Erik Emmanuel Salas-Sanchez was shot and killed by an El Paso police officer in April 2015.

It happened on the 300 block of Jesuit Drive.

Sanchez's family filed the lawsuit against the officers involved and the city of El Paso. The lawsuit alleges Sanchez's death was unjustified.

Police said Officer Mando Gomez, Officer Alberto Rivera and Officer Pamela Smith responded to a burglary call near Ysleta High School . When they arrived, Sanchez allegedly threatened them and armed himself with a metal object.

Court documents said no weapon was recovered from the scene.

Rivera deployed a Taser in an attempt to calm Sanchez down, according to police. When the Taser was not effective, Gomez fired his weapon five times, court documents said.

The judge's ruling on Sept. 1 said using the Taser and firing the shots were both uses of excessive force. The ruling also said the officers entering the home without a warrant was against the Fourth Amendment.

Gomez was indicted on a manslaughter charge for the shooting. His jury trial is scheduled to begin Oct. 13.

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