CLAIM FILED IN GIRL'S SHOOTOUT DEATH.

Byline: Dan Laidman Staff Writer

The family of Suzie Pena, the 19-month-old killed in a shootout in July with LAPD officers, filed a claim Tuesday against the city, alleging wrongful death, negligence and civil rights violations.

The claim, a legal move that can precede a lawsuit, seeks unspecified monetary damages.

``We want justice,'' said Lorena Lopez, Suzie's mother, at a news conference on the lawn of Parker Center, the headquarters for the Los Angeles Police Department.

Flanked by dozens of community activists, Lopez and family lawyer Luis Carrillo said they hope the legal action leads to institutional change in the LAPD.

``We want changes in the tactics and the training of the officers,'' Carrillo said. ``There are systemic problems in the LAPD.''

Lt. Paul Vernon said the LAPD had no comment on the claim because it is a pending legal matter. City Attorney's Office spokesman Jonathan Diamond said it is too early for his office to comment.

Police were dispatched to Jose Raul Pena's used-car lot in Watts on July 10 in response to a 911 call. An hours-long standoff ended in a shootout between Pena and SWAT officers in which about 100 rounds were fired, killing both Pena and Suzie and wounding an officer.

Police said Pena had used his daughter as a human shield.

``Unfortunately the suspect's actions left the officers no choice,'' Chief William Bratton said in a prepared statement after the incident. ``Over the 2 1/2 hours, Mr. Pena was given repeated opportunities by officers and hostage negotiators to surrender or release the child.''

The claim filed Tuesday accuses police of not negotiating long enough, of firing ``indiscriminate'' shots, and of improperly using high-powered rifles and a powerful ``flash bang'' grenade in an enclosed area.

The claim references an earlier lawsuit that it alleges brought deficiencies in SWAT tactics to the attention of officials in 2004. That suit was filed by Horacio Lopez Perez, who claimed he was wounded by a stun gun fired by a SWAT officer also involved in the Pena shooting.

The city settled the case.

Roger Clark, a former sheriff's lieutenant who consulted in both the Perez and Pena cases, said Tuesday that he warned of problems in the Police Department's SWAT training during a deposition he gave last year.

``The similarity I see in this is, it's throwing gasoline on the fire,'' Clark said of the SWAT teams' actions.

In the wake of the July 10 shooting, Bratton brought in outside experts to join a task force to review SWAT operations. It is one of several ongoing investigations related to the incident, including an inquiry by the District Attorney's Office, the LAPD and the Police Commission's inspector general.

Dan Laidman, [phone]

dan.laidman(at)dailynews.com