UPDATE: Spelly's Sues Riverside County in Alleged Deputy Shooting

UPDATED at 5 p.m. July 11

Patch has received a statement from Joe Spellman, owner of Spelly's Pub and Grille, regarding the civil lawsuit he has filed against Riverside County:

Due to the unfortunate event that took place in December, Spelly's found itself on the verge of bankruptcy. After we got the reputation as the bar where someone was killed by a police officer, we are simply trying to recoup our losses, keep the restaurant open and remain a part of this community that we live in and have grown to love.

ORGINAL POST:

The owner of a Murrieta restaurant in which a man was shot and killed—allegedly by a Riverside County sheriff's deputy—has filed a lawsuit against the county.

Joe Spellman, owner of , is listed as the plaintiff in a civil lawsuit alleging negligence by the County of Riverside and sheriff's Deputy Dayle Long in the Dec. 21, 2011 shooting that left 36-year-old Samuel Vanettes of Winchester dead.

Spellman hired Menifee-based attorney Robert P. Karwin to represent him in the matter.

The suit, filed Monday, seeks monetary compensation due to the alleged negligence of the county by having Long in its employ.

"If the sources we have are accurate, the liability against the county is pretty solid," Karwin told Patch on Tuesday via phone.

"We have some information coming in to us from different law enforcement sources telling us some very interesting things about Deputy Long’s relationship with the Department and in his career," Karwin said.

"We are told by our Department informants that this guy had a history...so there are two theories: against his employment, and two, that this guy should not have had a weapon in the first place because he was a time bomb."

Long allegedly fired a sheriff's department-issued gun at Vanettes after an argument broke out, fatally wounding him.

Additionally, Karwin said his sources implied that Long, 43, should have been considered on-duty the night of the shooting.

From what Karwin said, Long on that fateful night was allegedly returning from training for the sheriff's dive team and had the county-issued equipment in his car.

"Specifically we have been told he was in a diving group...and he had been issued some specialized gear and the policy is that until this specialized gear is returned to the Department, he is on duty."

Karwin said the Riverside County Board of Supervisors should have been served Tuesday with papers.

A sheriff's department spokesperson sent this response to Patch Tuesday evening when asked whether they were aware of the civil action: "At this time we have not been served with a lawsuit," wrote sheriff's Sgt. Lisa McConnell, in an email.

In February, Patch received this response about Long's employment status: "A personnel investigation into the incident is still pending a final determination."

The suit states Spelly's has lost approximately $20,000 monthly in revenue since the shooting.

Prior to that, Karwin said Spelly's, which recently celebrated its two-year anniversary, showed increases in its profits each month.

"Joe has been taking no income sporadically so he can pay the staff but it is just going to take time for people to forget that it was a place where a guy was killed," Karwin said.

Spelly's is receiving some business liability insurance payouts, which Karwin said amount to about 10 percent of the projected losses.

"We have calculated the damages to be about $20,000 a month and we are projecting it (through) the end of this."

Spellman did not immediately respond Tuesday to a request for comment about the lawsuit.

Long has been charged with murder and remains jailed in lieu of $1 million bail. He awaits a hearing on July 27 and a jury trial set for Oct. 18.