Family of man killed in bail agent shooting sues the city of Palm Springs, others

The family of Davin Spann, a Palm Springs man killed in a shooting involving an unlicensed bail agent, has filed a lawsuit suing multiple parties, including the city.

The lawsuit, which was filed in Riverside County Superior Court on January 18, names the city of Palm Springs, Palm Springs police officers, former chief Bryan Reyes, the bail agent involved in the shooting, five other bail agents, as well as the Bankers Insurance Company, Justice Bail Bonds.

According to court documents, the suit alleges the defendants are liable for wrongful death, among other damages.

Spann was shot and killed in the early morning hours of April 23 on the 100 block of East Via Escuela. Fabian Hector Herrera, 36, an unlicensed bail agent, was arrested and charged with murder in connection with Spann's death.

Herrera was hired by a bail agency to apprehend Spann for violating his bail agreement.

Riverside County Sheriff's Department officials said there was no warrant out for Spann's arrest by a law enforcement agency. Officials added that Herrera was not allowed to have weapons because of his criminal history of two previous felony convictions.

Herrera's defense attorney, Raj Maline, said his client thought he was allowed to work as a bounty hunter and was following orders from the bail agency when he went to arrest Spann.

Body camera footage released in September showed Spann armed with a knife yelling at Herrera and other officers to get out of his house.

Spann was tased but did not go down. Moments later, you can hear what is believed to be a Palm Springs police officer order Herrera to shoot.

No Palm Springs police officers fired their weapons.

WATCH THE FULL EDITED VERSION OF THE BODY CAM FOOTAGE BELOW:

Herrera has been charged with one felony count each of murder, being a convicted felon in possession of a gun, being a felon in possession of body armor, and being a felon in possession of ammunition, along with a sentence-enhancing allegation of causing great bodily injury.

He re-entered a not guilty plea in November. He is scheduled to appear in court for a trial readiness conference on April 8.

Herrera's partner, his mother Lisa Roberta Vargas, 53, was later arrested in connection with the shooting. She was charged with murder, supplying a felon with a firearm, and perjury. She pleaded not guilty to all charges in June.

Vargas is due in court on Oct. 12 for a status conference.

Herrera and Vargas both face a potential life sentence if convicted for the murder.

The two officers that responded to the call returned to work, PSPD officials confirmed in Sept.

Jeffrey Ballinger, city attorney for Palm Springs, released a statement in response to the lawsuit.

"Plaintiffs’ lawsuit against the City of Palm Springs is misdirected. The District Attorney’s office has determined that Fabian Hector Herrera and Lisa Vargas engaged in criminal conduct during the incident involving decedent David Spann. Based on his review of the evidence produced to date, Superior Court Judge Russell Moore has found that: “[B]ut for [Herrera] and Vargas’ unlawful behavior there would have been no need for a police response….” The Judge also concluded that “but for [Herrera] and Vargas’ unlawful entry into Spann’s residence during early morning hours,…Spann would likely still be alive today.”The criminal cases against Mr. Herrera and Ms. Vargas are proceeding towards trial. The City intends to cooperate fully with the District Attorney’s efforts to obtain justice for Mr. Spann’s family.The Spann Plaintiffs should properly take note of the District Attorney’s and Judge Moore’s findings regarding where the fault for Mr. Spann’s death lies. As their lawsuit against the City reflects, at present, Plaintiffs have failed to do so."

- Jeffrey Ballinger

Stay with News Channel 3 for continuing updates on this case.

Editor's Note: A video originally embedded in this article has been removed to protect the identities of minor children.