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Shot By Cops With An AR-15, Burglar Dies
posted (April 19, 2013)
Last night, we told you about 21 year-old Ryan Lozano who was shot by Ladyville police when he was caught in the act of committing a burglary at a home in Los Lagos. Pictures provided of the home show that it had been properly ransacked. He was rushed to the hospital in critical condition yesterday, but sometime around 8 this morning, he succumbed to massive internal injury.

As we reported, police responded to the report of a burglary in progress in Los Lagos at around 12:00 noon yesterday. When they arrived, they reportedly saw 27 year-old Lenny Benguche hiding behind the house and Lozano was walking out. Police say that they cautioned him, but according to them, he advanced in a threatening manner whilst armed with a knife and a crowbar. So, they shot him in the midsection.

That's what police said yesterday, but that isn't what Cynthia Usher, Lozano's mother, believes what happened. She told 7News today that the doctor who was caring for him said that in his expert opinion, Lozano was shot 3 times in the back. That' along, with reliable reports to her leads her to believe that the officer did not exercise justifiable use of deadly force. 7news has learned that he was shot with an AR-15 rifle.

Here's how she described to us the ordeal her family has been forced to go through since getting the news.

Cynthia Usher - Mother of Ryan Lozano
"I learnt yesterday at about 1:30 p.m. that my son was in the hospital. I came to the hospital and found out that he was already in surgery. When he got out the surgery, it was about 4 hours. I was not allowed to see him because he had to be hooked up to a ventilator and other machines. Blood and everything else had to be attached to him. That was understandable to me. The doctor told me that I could stay around, and they'll let me see him, but they nurses were working on him at that time. I stayed around and waited because that's my first-born child. I remember it like yesterday. Staying around, the doctor told me the situation. My son lost a kidney; he didn't have to touch that. He didn't have to remove it because the bullet did that on its own. He lost half of his liver. He lost a part of his intestine; his colon was ruptured, and some other stuff. It was really gut-wrenching to me the way it happened. It was more difficult when he told me, 'Ma'am your son got the bullets in his back.' It was hard because he's a child that I always have to talk to. So, it's like you brace yourself for things like this, but then again, when you hear that the bullets entered through his back, and the police giving a statement that he attacked them with a crowbar and a knife, and the neighbors disputing that - they say that; they didn't see any crowbar or knife - he wasn't shot from the front. If you're attacking somebody, you're coming head-on, not with your back turned. He got three bullets to his back. Yesterday, I thought it was 2; today the doctor confirmed to me that it was 3 bullets. When I left, he was doing well. His blood pressure was up; his heart-rate was good. Low and behold, I came back today. He told me to come back at around 8 a.m., because they were going to run some more tests. He was supposed to go through another surgery. Because of the half of liver that he lost, they had to stitch it and pack it with gauze. They were going to remove it and guarantee that there wasn't any hemorhage. Unfortunately, that surgery didn't take place. Upon walking into the room, immediately as I entered the door, I saw the discoloration of my son. His face was already white. I noticed that the blood wasn't there hanging that he was supposed to be receiving, and I reached immediately for his arms. They were cold; I reached for his feet which were stiff. I looked at the heart monitor, and it said zero. So, I went back and I asked the doctor. I said to him, 'My son is dead.' The severity of the injuries that he had, I knew that he couldn't survive. I had hopes that maybe he would pull through, like the doctor said he might be able to because he's young. But, I knew in my heart that he wasn't going to make it. So, that's the reason why I'm strong as I am today. I have other kids; I need to be strong for them. But the way that they went down, and now that they are rushing a post-mortem for 1 p.m., I don't know what time they're going to put on the death certificate when he died. I came here at a quarter to nine, and he was already dead."

Daniel Ortiz
"So, Ma'am, can you tell us what information you've received about the incident which led to your son's shooting?"

Cynthia Usher
"I haven't received any information from the police; it's just hearsay from people in the neighborhood where the incident took place. I haven't received anything from the police. I spoke to the Commissioner this morning. He was very nice; he explained to me that their doing an investigation. I appreciated that. Someone called me from the morgue and told me that I need to be at the morgue for 1 p.m. He told me that I have to get a death certificate, and I have to get an ID. I got outraged and I told him that I don't have to do anything because when they were killing my son, they never called me and informed me. They are now in a hurry to inform me now that he needs a post-mortem. I am here strong, but inside, it's tearing me up because I remember when I gave birth to that child. It was the eleventh of October on a Friday morning when I got to the hospital at 8 a.m., and I delivered him at 8:05 a.m. That was the most joyous day for me. Today is the saddest day for me."

Daniel Ortiz
"I know that this is difficult for you, and I can see that it is the worst situation that any parent can be forced into, but I must ask you. I must ask you to forgive me if I offend you, but the police are saying that the gentleman, your son, was caught in a burglary."

Cynthia Usher
"There is no dispute to that. If he was caught in a burglary, apprehend him; take him to the station; if he needs to be jailed, send him to jail; and if he needs to go to court, send him to court. Who are you to be judge, jury and executioner? Each and every one of those officers in Ladyville know Ms. Cynthia Usher. Whenever my child is in anything, I am the first to bring him to the police station. I might get there and be loud and vocal, but you don't have to search for my son. Whenever they are in any problem, I will be the first one to bring them to the station. What hurts me the most is that the officer that they're alleging shot my son, he eats at my restaurant almost everyday. He still hasn't had the decency to come and tell me, 'Miss Cynthia, you know, we met your son in such a situation, and this was the outcome.' He can't explain it to me because the bullets are in his back."

Usher told us that while she trusts that Allen Whylie will ensure that a proper internal investigation into the matter is conducted, she will be doing her own investigation.

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