A Plainview family appeals after a federal judge rules the city's police department is not at fault for their son's death. "I heard the shot, and I told my husband they killed my son," Carmen Ceballos told NewsChannel 11 in September of 2006.
Carmen filed the civil suit following the September 2006 death of her son, 34-year-old Jose Ceballos. Police say Jose locked himself and his parents inside their home on Date Street. Jose's sister called authorities for help.
Officers say they heard a disturbance inside. The parents say it was Jose telling the officers to leave. Authorities kicked in the door and discovered Jose holding a knife. Officers say he advanced, but the family says that's not true.
Carmen claimed wrongful death, but Judge Sam Cummings ruled the city and three police officers named in the suit are not at fault. Now, the Ceballos family is appealing that decision to the fifth circuit court of appeals.
Plainview Officer Cleared In Fatal Shooting
There will be no charges against a Plainview police officer for fatally shooting 34-year-old Jose Ceballos Junior last month.
Family Seeks Justice In Plainview Shooting
A Plainview family plans to seek legal action against the Plainview Police Department after a man was shot and killed during a domestic disturbance. According to police reports, Ceballos advanced on the officers but family tells a different story.