Cesar Montelongo Sr. was a maintenance employee at Clayton Pointe Apartments in Grand Prairie, Texas. He was fatally shot after a resident believed that he was a burglar. Now, Montelongo’s relatives have filed a lawsuit against the apartment complex and the shooter.
The incident occurred as Montelongo was looking for burst pipes on Christmas Eve. The lawsuit notes that the ValCap Group, LLC, didn’t effectively let residents know that maintenance employees would be looking for potentially frozen pipes.
The suit also states that the complex didn’t provide the proper identifiable attire for Montelongo. This would have identified him as a worker or security employee with the property.
On Christmas Eve, close to 6 p.m., Grand Prairie police answered to a call at the apartment complex. They discovered Montelongo with a gunshot injury on someone’s balcony. He had been checking to see if there had been any freezing waterlines by getting to apartment balconies.
The unidentified resident wasn’t charged with a crime and thought that Montelongo was a burglar. He shot his weapon one time through a window, hitting Montelongo.
Authorities say that the resident stayed at the scene and cooperated with detectives.
The family is now looking for $1 million in damages.
Cesar Montelongo Jr. has previously said that he could forgive the man who killed his father but still wants to see justice served.