SACRAMENTO, Calif. — A Sacramento Superior Court judge on Tuesday rejected a motion to dismiss a wrongful death lawsuit that alleges “reckless planning” by California Highway Patrol investigators serving a search warrant last year at a busy Roseville park, where a hostage was killed and two other people were wounded during an afternoon shootout.

Judge Christopher Krueger’s ruling means the lawsuit against the CHP can proceed in court.

The lawsuit was filed on the behalf of Patricia MacEgan and her late husband, James MacEgan, 72. The Roseville couple were taking a stroll through Mahany Park when an armed suspect trying to evade police took them hostage.

Eric James Abril is accused of shooting James MacEgan and his wife during the April 6, 2023, standoff with authorities. James MacEgan died from his injuries. Patricia MacEgan and CHP officer Matthew Hiatt were wounded by gunfire.

Abril, 36, of Roseville has been ordered to stand trial on murder and attempted murder charges in last year’s shooting at Mahany Park. His trial has been scheduled to start on the week of March 24 in Placer Superior Court. He remains in custody at the Placer County Jail, where he’s being held without bail.

The law firm of Dreyer Babich Buccola Wood Campora, which filed the lawsuit on behalf of the MacEgans, alleges the CHP operation to serve the search warrant was planned in Sacramento County.

The lawsuit alleges the decision by CHP investigators to approach Abril at the park, where children and families were in the middle of the day, “caused a reckless exchange of gunfire” between Abril and law enforcement officials trying to serve the warrant.

The plaintiffs argue that the CHP investigators failed to notify local law enforcement about their intention to approach Abril, “a known dangerous felon,” while serving the search warrant.

The CHP failed to plan properly as evidenced — the lawsuit states — by an inadequate command and control of the encounter, insufficient air support, a lack of a perimeter, an insufficient uniformed presence, inadequate contingencies and insufficient strategic weapons and tactics present.

Testimony in Abril’s ongoing criminal case revealed that CHP investigators planned to serve the warrant on Abril in connection with a shooting two months earlier on a Sacramento County freeway, where gunfire struck a vehicle.

The civil lawsuit alleges that investigators believed Abril was traveling south on Highway 99 where he pulled out a gun and fired at another vehicle on the busy freeway.

The plaintiffs also allege that further investigation into the freeway shooting revealed to the CHP that Abril had a previous firearm conviction, was prohibited from possessing a gun, “was unstable” and was armed, dangerous and would certainly put the public at risk of death or injury if contacted by law enforcement,” according to the lawsuit.

The state Attorney General’s Office, which is representing the CHP, filed a motion to dismiss the wrongful death lawsuit, arguing there was no legal basis for the MacEgans’ claims.

In August, Deputy Attorney General Molly Murphy argued in court that the CHP has immunity for injuries caused by someone resisting law enforcement officials. She also told the judge that these are “absolute immunities,” which means “the case goes away.”

“This is obviously a person who’s fleeing an attempt to restrain his liberty,” Murphy said.

Kelsey Fischer, the attorney representing the MacEgans, argued it was too early to decide whether to dismiss the case based on the claim of immunity since the plaintiffs “have been completely stalled” when seeking documents and other information about the Roseville park shootout.

Fischer told the judge it’s not clear what Abril believed was happening at Mahany Park the afternoon investigators approached him. She said her clients were entitled to know what the officers were wearing that day and what they said to Abril in the moments they approached him.

“There is no immunity from unreasonable tactics and excessive force,” Fischer said.

In his ruling to reject the motion to dismiss, Krueger wrote “that it is unclear whether (MacEgan) and her husband were shot by law enforcement or by Abril.”

The judge also wrote the lawsuit alleges that James MacEgan was “killed as the result of an exchange of gunfire that allegedly resulted because of tactics employed by the CHP” while approaching Abril.

The plaintiff also have not been able to review the CHP’s investigation of the shootout at the park, the judge said, so it would be premature to dismiss the lawsuit at this point.

The Placer County District Attorney’s Office argues that evidence shows Abril shot the MacEgans that afternoon.

At the time of the initial gun battle, the MacEgans were on a stroll along a walking trail where Abril had taken cover in a creek, Deputy District Attorney David Tellman wrote in a court document filed Sept. 15. Tellman said the couple heard the gunshots coming from nearby and took cover in the grass by the creek.

As numerous officers converged, created a perimeter around Abril’s location, Abril made his way up the creek to where the MacEgans had taken cover, Tellman said in filings.

The prosecutor alleges that Abril confronted the couple, at which point James MacEgan was shot and killed, before Abril grabbed MacEgan’s wife and pulled her into the creek.

Abril became frustrated police weren’t responding to his demands quickly enough, and he shot Patricia MacEgan through the shoulder, which was captured on drone video, the prosecutor said. Abril then used Patricia MacEgan as a “human shield” as he approached the officers and surrendered, according to Tellman.

Abril also faces an additional felony charge of escaping from law enforcement custody. Abril had been in Placer County Sheriff’s Office custody until July 9, 2023, when he escaped from Sutter Roseville Medical Center.

Sheriff’s officials have said Abril was being guarded by a deputy but managed “to defeat his restraints” and slip out of the hospital shortly after 3 a.m. while the deputy was on a bathroom break. Abril was captured after a 33-hour manhunt.

The case in the wrongful death lawsuit against the CHP is scheduled to continue Dec. 13 for a case management conference.

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