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Family of shooting victim files suit against DPS trooper

Clubgate Drive shooting took place in July 2019
Family of shooting victim files suit against DPS trooper
Posted at 3:22 PM, Jun 24, 2020
and last updated 2020-06-24 23:04:20-04

EDITOR'S NOTE: The video that accompanies this story is graphic. Viewer discretion is advised.

The family of a 17-year-old who died last July has filed suit against the off-duty law enforcement officer who allegedly shot him.

DPS Lawsuit video

Ronald Elizondo Jr. was shot and killed July 10, 2019, in the 7000 block of Clubgate Drive, near Lipes and Staples.

Dallas-based attorney James "Wes" Bearden filed the petition in district court Tuesday on behalf of the teen's parents, Ronald Sr. and Maria Elizondo, seeking damages against DPS trooper Donald Hinote and the Texas Department of Public Safety.

A spokesperson for the Texas DPS asked for patience as it tries to fulfill KRIS 6 News' request for comment on the lawsuit.

The lawsuit alleges Hinote "jogged barefoot and found" their son in a vehicle owned by a third party parked on the street near Hinote's residence.

Believing a crime was being committed, the suit alleges that Hinote yelled at Elizondo Jr. and forced him away from the car. It also states that as the teen was attempting to follow Hinote's orders, the trooper shot Elizondo Jr. at least four times, leading to his eventual death.

The suit alleges that Hinote used excessive force, gross negligence and was involved in a wrongful death.

Hinote did not stand trial for the shooting. The Nueces County District Attorney's office presented the case to a grand jury, which ruled last September that it did not find probable cause to file charges in the shooting.