-- On a September morning last year, Antonio "Tony" Ramos, 27, was helping paint a 4,000-square-foot anti-violence mural for a nonprofit group in Oakland.
As he was taking a break to photograph the mural, a man opened fire, leaving him wounded. Ramos was pronounced dead at the hospital soon after.
The gun that was used in the crime was allegedly stolen from Immigration and Customs Enforcement (ICE) and the muralist's family filed an administrative claim Thursday, alleging that the agency "failed to train their employees" and "follow mandatory regulations" for securing and storing a firearm.
Alleged shooter Marquise Holloway was able to gain access to a government-issued Glock 26 9mm pistol, which was left in a bag in an unattended vehicle in downtown San Francisco earlier in the month, the claim alleges.
"A duty weapon belonging to an officer with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) was stolen Sept. 13 in San Francisco from a vehicle being used by the officer. The theft was properly reported to local authorities and through official federal channels. The matter is currently under investigation by ICE's Office of Professional Responsibility," an ICE spokesperson said at the time of the incident last year.
Holloway, 22, was charged with murder and multiple counts of robbery. He is scheduled to enter a plea on Monday.
Due to the alleged failures of ICE and their agents, “a serial robber was provided with the means to shoot and kill Tony,” said Frank Pitre of Cotchett, Pitre & McCarthy, the law firm representing the Ramos family.
Ramos' family is seeking a claim for damages, including the costs incurred for funeral expenses. The claim, however, does not specify an exact monetary value, but says that they are asking to "recover all amounts permissible under state or federal law."
ICE declined to comment on the case, citing policy regarding ongoing litigation. Holloway's attorney could not immediately be reached for comment.
Pitre filed a lawsuit last week against ICE on behalf of the family of Kate Steinle, the woman who was shot and killed on a San Francisco pier last summer, allegedly by an undocumented immigrant. That man has pleaded not guilty to the criminal charges against him, including second-degree murder.
That lawsuit seeks to hold the Bureau of Land Management, ICE, the City and County of San Francisco and Sheriff Ross Mirkarimi of the San Francisco Sheriff's Department for providing "the means and opportunity for a repeat drug felon to secure a gun and kill" the 31-year-old, the complaint reads.
ICE also declined to comment on the Steinle lawsuit due to pending litigation.