KEY POINTS

  • “ER” actress Vanessa Marquez was shot by police during a welfare check in 2018
  • Her mother has filed a wrongful death lawsuit against South Pasadena police officers
  • The Los Angeles District Attorney declined to charge the officers

Delia McElfresh, the mother of “ER” actress Vanessa Marquez, has filed a wrongful death lawsuit against police officers of South Pasadena, California over her daughter’s August 2018 death.

According to the lawsuit filed in Los Angeles Superior Court Wednesday (June 24), McElfresh alleges that officers were “negligent and reckless” when they responded to a welfare check on Marquez.

Marquez was best known for playing nurse Wendy Goldman on the hit NBC drama “ER.” She was shot and killed by South Pasadena officers in August 2018. She was 49 at the time of her death.

In the lawsuit, McElfresh disputes police claims that Marquez appeared to be suffering from mental issues and was found having seizures during the welfare check.

Police also claimed that Marquez had opened fire on officers with what appeared to be a handgun after they tried to offer her medical help. Investigators later found that it was a BB gun.

In a statement, Vicki Sarmiento, one of the lawyers representing McElfresh in the case, said the incident was the kind of police action that protesters are calling out.

“This is the kind of lethal and unnecessary police action that has led so many in the country to call out for police reform,” Sarmiento said.

Marquez is also known for her role in the film “Stand and Deliver.” Her only other credit was for “Seinfeld.”

Friends, family and former cast members have come out in support of justice for Marquez.

Will Gotay, who also starred on “Stand and Deliver,” said people would not trust police until incidents like Marquez’s death are resolved.

“She lived alone. She was 85 pounds. And she was shot in the back. So until this is taken care of, until we address these situations no one is going to trust the police you guys,” Gotay said.

Actor Richard Montoya told ABC7 that the death of Marquez was another example of the death of people of color after calls for help.

“Every time we call for mental health or assistance, black and brown bodies end up dying and make no mistake these are tragically intertwining,” Montoya, a member of the performance group “Culture Clash,” said.

The Los Angeles County District Attorney has declined to charge a pair of South Pasadena police officers who were involved in the shooting of Marquez.

A report from the district attorney’s office said that the officers had acted “in self defense” during the incident.