SARATOGA SPRINGS, Utah — After the Utah County Attorney's Office determined the Saratoga Springs officer was not justified in the 2024 shooting, the man who was critically wounded is filing a lawsuit.
Gabriel Cota said he was stopped because Officer Dean Sekona thought his vehicle window tinting was too dark.
Roughly 40 minutes later, Sekona fired two rounds from his service rifle.
One hit Cota, the other barely missed his 13-year-old daughter in the backseat.
Cota’s wife, Violeta Martinez said it was a day she will never forget.
“Then he said; Baby, it hit me! And there was blood coming out," she said.
She was in the front seat, just inches away from Gabriel, when officer Sekona opened fire.
Making everything even more traumatic, the couple’s daughter was in the backseat, where one of the bullets whizzed by.
Violeta initially thought the teen had also been hit, along with Gabriel.
“So then I saw this blood coming out, and I saw my daughter falling in the backseat. I just was yelling at the cop, I said 'stop! You’re killing my family!”' She said.
Gabriel said it was a bad dream that became real after what should have been an ordinary day.
But Officer Dean Sekona, who has since left the force, stopped them because he thought their window tint was too dark.
Violeta said she tried to explain.
“So everything was fine, and the tinting was from the factory, it came from factory, and we didn’t do anything to it," she said.
But she said Sekona remained aggressive with them and conducted an extensive background check.
And while there were no weapons in their car, Sekona apparently learned of a prior incident with Gabe involving a firearm.
After nearly 40 minutes, Sekona ordered Gabe out of the vehicle.
But Gabe got caught up in his seatbelt and stumbled, and that’s when Sekona fired.
David Francis is now the Attorney for Violeta and Gabriel.
“The officer knew that unarmed occupants were in the vehicle and he still fired on them," said Francis. "I think that’s the most egregious part of all of this and the scariest part.”
After he was shot, Gabriel tried driving away then attempted to run away before he was apprehended.
Gabriel woke up in the hospital more than a week later, with doctors telling him he was lucky to be alive.
Now, after 16 months of investigation, the Utah County attorney has ruled the shooting is not justified.
David Francis says that’s a big, first big step to getting justice for the family.
“Once it came out, it vindicated exactly what they said. We anticipate filing the civil complaint against Officer Sekona and the Saratoga Springs Police Department next week," said Francis.
And now that the shooting is ruled not justified, Utah County prosecutors are reviewing the case for possible criminal charges against former officer Dean Sekona.
They will make that determination within the next few weeks.
