FREMONT (KPIX) -- The family of a pregnant teen shot and killed by police is shocked the City of Fremont is asking the court to throw out $10M judgment awarded on her behalf.
Antioch resident Elena Mondragon was shot by undercover Fremont police officers in Hayward, as she sat in the passenger seat of a BMW. The driver, who was wanted by police, was the intended target.
A jury awarded the family of the 16-year-old a historic $21 million. Fremont was ordered to pay $10 million, but now the city is pushing back, 5 years after the teen's death.
On Monday the city said: Defendants have filed a motion seeking judgment as a matter of law and a motion for a new trial in the case Michelle Mondragon v. City of Fremont et.al.
"To say the least, we're a little hurt by it. I mean, it kind of speaks to there's still no accountability for things that have happened, we were still left kind of empty as far as like I said anyone taking accountability for it," said Mondragon's uncle Miguel Minjares.
Minjares said learning of the city's action felt like opening a wound.
"Unfortunately, the city is still taking a bury their head in the sand kind of ostrich approach and frankly it's to the detriment of not only Elena's family, but also of our broader community," said family attorney Adante Pointer. "Because it sends the message that in the face of facts, in the face of a jury verdict, in the face of the law, and the public outcry, the city is still unwilling to do the right thing."
The family said it learned that the city's court filings stated that Mondragon had trouble in school.
"Okay I don't know what that has to do with the fact that she's gone. They're speculating on the relationship with her and my sister, again, I don't know why that matters, but they had a good relationship," said Minjares.
Mondragon's mother Michelle and her brother Minjares described the teen as the backbone of their family.
"Nothing ever got too crazy for her, nothing ever got too out of hand. It was always like she told me 'Uncle, I got it covered,' said Minjares.
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