Lawsuit filed after drug raid at the wrong home
SAN ANTONIO - Legal trouble is looming for officers who carried out a drug warrant at the wrong home.
The family has filed a federal civil rights lawsuit against members of a multi-agency drug unit.
Lucil Basco says she and her 5-year old autistic son are still traumatized.
"When police make a mistake they never ever own up to it and it's got to stop," said Civil Rights Attorney Solomon Radner.
Tough talk from attorneys representing the Basco family, after their home was raided November 14th by officers looking for drugs.
"They handcuff me like that I said my son, my son could you tell me what's going on," Lucil Basco said.
No drugs were found at the Leon Valley home.
According to the Bexar County Sheriff's Office incident report the confidential informant provided information that directed officers to the wrong home.
"This is wrong, why didn't they explain to me first," Basco said.
The nightmare for Lucil Basco began about an hour earlier when officers stopped her for a traffic violation and searched her vehicle.
"They knew there were going to be breaking into her house, they saw her driving somewhere and they wanted to see where she was going, and what she was doing," Radner said.
Radner says more than a dozen officers kicked in Basco's front door, traumatizing her and her 5-year old autistic son.
"They continued to search through the house, they continued to trash the house, they continued to break doors inside," Radner said. " They continued to keep Ms. Basco handcuffed while her 5-year old son was screaming petrified, traumatized."
A lawsuit filed Monday, December 24th on behalf of the Basco family says their civil rights were violated during the traffic stop and the unlawful search of the home.
The lawsuit claims the family was targeted based on false and unrealistic information provided by an informant.
"They got a warrant from a judge to go and break her door down you're only allowed to break a door down if you present a judge with the truth, with facts," Radner said. "There's no way they did that in this case."
The lawsuit claims the Basco's suffered mentally and emotionally.
They're seeking compensatory and punitive damages.
In statement BCSO Public Information Officer, Deputy Johnny Garcia said, "We have not been served with any legal process. We will defer to the district attorney's office regarding any ongoing legal matters."
Radner said, "We want to take this to a jury, we want this to be public we want this to be in open court."
The Basco family had just moved into their new home when the raid happened.
The lawsuit claims they were embarrassed and humiliated in front of their neighbors.
Monday, Christmas Eve there was no response from the District Attorney's Office or the Texas Department of Public Safety.\