Family of officer slain in 2001 sues

The Tampa police helicopter tracking the chase by Lois Marrero in 2001 lacked an observer.

By TAMARA LUSH, Times Staff Writer
© St. Petersburg Times
published February 27, 2003

TAMPA -- Lois Marrero was a cautious and careful officer, her family contends, even on the day she was shot and killed by a bank robber.

Marrero

And she might still be alive if the Tampa Police Department had put a trained observer in the helicopter that monitored the July 6, 2001, chase that led to her death, the Marrero family said Wednesday. There was only one person in the helicopter, the pilot.

The observer on duty that day went to a birthday party at a restaurant with the department's chief pilot, a flight supervisor and the community service officer who took the call on the robbery.

Because of that "reckless and willful disregard" for Marrero's safety, the family is suing the city.

Marrero's sister and mother -- and Richard Hirsch, their attorney -- held a news conference Wednesday to announce the lawsuit.

"The department let Lois Marrero and all of its officers down," said her sister, Brenda Marrero. "Lois would not have gone into the situation without backup. Clearly, she was relying on the police helicopter to help her."

On the day of the shooting, a police helicopter was dispatched to help hunt for an armed bank robber, later identified as Nestor DeJesus. The pilot saw Marrero chasing the suspect on foot, then crumple to the ground. DeJesus later shot himself.

About a month and a half after the shooting, police Chief Bennie Holder issued a verbal directive that pilots cannot fly without an observer in the helicopter. The policy was unclear before that.

Marrero's family also said that radio transmissions among the dispatcher, the helicopter and officers on the ground were "garbled and inaudible," placing Marrero in an unsafe situation.

"Obviously, being a police officer is inherently dangerous, and Officer Marrero accepted that and knew that," Hirsch said. "But an officer expects to be given sufficient tools" to do his or her job.

Hirsch said he hopes to negotiate with the city's lawyers on the case. If there is no settlement, he will seek a jury trial.

"This case is more than just about money," Hirsch said. "It's the hope of the family that this case will at least get the attention of those making decisions in the Police Department."

A Tampa police spokeswoman would not comment on the suit.

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