A federal appeals court upheld government responsibility in the 2018 FBI shooting of a Conroe kidnapping victim but reduced his family’s damages award.
HOUSTON — A federal appeals court has upheld the government’s legal responsibility in the deadly shooting of a kidnapping victim during an FBI rescue attempt in 2018 but reduced the amount of money his family can receive.
Ulises Valladares was shot and killed by FBI agent Gavin Lappe on Jan. 24, 2018, while being held hostage by kidnappers.
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A judge later found that the agent acted negligently and awarded Valladares’ family $1.9 million in damages, plus nearly $500,000 for attorney fees.
The federal government appealed, but Wednesday’s ruling left the negligence finding intact. However, the appeals court rejected the additional money awarded for attorney fees, restoring the original $1.9 million award. Attorney fees must now be paid from that amount.
What happened during the 2018 FBI hostage rescue?
The kidnapping began when armed intruders broke into Valladares’ home in Conroe, where they tied up him and his 12-year-old son. The gunmen then took Valladares hostage and drove him to Houston, claiming his brother owed them money and demanding ransom.
During the rescue attempt, Lappe shot Valladares through a window. The agent claimed Valladares was reaching for his rifle when he opened fire.
However, an investigation by the Houston Police Department found that the agent’s account did not match the evidence. Valladares was tied up and blindfolded when he was shot.
A judge later determined that Valladares was not threatening officers when he was shot, finding that the agent acted negligently. The judge also determined that Valladares “never was in contact with the agent’s weapon.”
What happens next in the case?
The case will return to the trial judge, who must enter the corrected damages award in accordance with the appeals court’s ruling.
Attorneys representing Valladares’ family and community groups are scheduled to hold a news conference at 11 a.m. Friday to respond to the decision.
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