Santa Nella family files wrongful death claim vs. Sheriff’s Office

Family members of a woman who was shot and killed last year by a Merced County Sheriff’s deputy claim the shooting was “excessive” and they are seeking thousands in damages from Merced County.

The claims made by the family of Siolosega Velega-Nuufolau conflict with the findings of the Merced County District Attorney’s Office, which determined Deputy Roberto Torres was justified when he opened fire on the 50-year-old woman on Dec. 29 outside her Santa Nella home on Del Sol Court.

Torres responded after midnight to the cul-de-sac where Velega-Nuufolau was outside her home holding a kitchen knife, screaming for someone to call 911, authorities have said.

Sheriff’s officials said Velega-Nuufolau waved the knife at Torres “in a threatening and aggressive manner” before she was shot dead.

In February, the Merced County District Attorney’s Office concluded its investigation and found the deputy was justified in using lethal force, Pat Lunney, the office’s chief of investigations, told the Sun-Star.

However, Velega-Nuufolau’s family claims she didn’t pose an “immediate risk” to the deputy and have asked for more than $75,000 in their wrongful death claim.

The Merced County Board of Supervisors on Tuesday rejected the claim without discussion. The item was on the board’s consent calendar, which includes multiples items and is voted on in one action without debate.

The claim was filed by the Mann Law Firm of San Jose on behalf of the family.

“At all times, Siolosega Nuufolau was not armed with a gun, nor did she pose an immediate risk of death or serious bodily injury to any person,” the claim states.

Mohinder Mann, the attorney, did not return a message left by the Sun-Star before deadline on Tuesday. A message left at a number listed for Penu Nuufolau, Siolosega’s husband, also was not returned.

Months before the fatal confrontation, in September, a similar scene played out at Velega-Nuufolau’s home. She held knives in her garage and told deputies to “shoot her and get it over with.” She spent about two weeks in jail after the incident, according to Merced County Superior Court records.

Police reports and court records documenting the September incident paint a picture of a volatile home life for a woman who for years struggled with mental health issues after spending time in the U.S. Navy.

After the night Velega-Nuufolau died, Torres was placed on administrative leave and the case was sent to the Merced County District Attorney’s Office for review, which is standard procedure.

Torres is an eight-year veteran of the Sheriff’s Office, which still is conducting an administrative review, Undersheriff Jason Goins said.

This story was originally published July 19, 2016 at 4:56 PM with the headline "Santa Nella family files wrongful death claim vs. Sheriff’s Office."