Lincoln, NE Family files Law Suite over stolen State patrol car and shooting
LINCOLN, Neb. (AP) --
The parents of two children who were shot during a crime spree that began when a 15-year-old runaway stole a Lexington police car have filed a lawsuit against the city.A state trooper also was fired at during the three-day crime spree in October 2004, which involved the 15-year-old and her 18-year-old boyfriend.
The case began when Wendy Valencia of Elm Creek was reported as a runaway.
After Lexington police found her, officer Ken Schumacher left his car running -- with an unrestrained Valencia inside -- while he got out to talk to a deputy sheriff, according to the lawsuit.
Valencia then drove off in the cruiser and picked up her boyfriend, Emeterio Guajardo, in Lexington, according to the lawsuit.
The pair later stole a Jeep Cherokee and fired shots into the passenger-side window of a pickup being driven by Jeffery Wilken of Smithfield in northwest Phelps County. His children, 8-year-old Cheyenne Wilken and 5-year-old Wyatt Wilken, were injured.
Cheyenne was hospitalized for her injuries, while her brother was treated and released.
Before Valencia and Guajardo were captured, the State Patrol tried to stop a stolen car near Glenvil. Police allege that the pair sped up and ditched the vehicle, fleeing on foot and firing at the patrol car.
No one was injured.
The pair were captured three miles south of Bertrand after a chase at speeds up to 80 mph and a short foot pursuit in a cornfield after their vehicle became stuck on a muddy road.
The lawsuit, filed Thursday in Dawson County District Court, asks for unspecified damages.
"We hope that the city's insurer allows the city to stand up and accept responsibility for its part in this costly, frightening and damaging event," said attorney Maren Chaloupka, who represents the Wilkens.
Lexington City Attorney Willard Weinhold declined to comment.
Guajardo, who faced several charges in Dawson County, pleaded guilty to theft in a deal with prosecutors. He was sentenced to 1 to 3 years in prison.
He was sentenced in Phelps County to 15 to 20 years for shooting a firearm into a vehicle, two terms of 20 months to 5 years for possession a stolen firearm and operating a vehicle to avoid arrest and two terms of 3 to 4 years for second-degree assault.
He was sentenced in Nuckolls County to three terms of 15-20 years for firing a weapon into an occupied vehicle, theft and burglary.
Valencia was committed to the Youth Rehabilitation and Treatment Center in Geneva until she is 19.