Decided: October 26, 2018 In November of 2013, Omar Velez-Pagan, a servicemember, was assigned to serve “as a representative of the U.S. Army Security Assistance Training Management Organization for the purpose of training officers of the National Police Force of the Republic of Panama.” Am. Compl. 23, ECF No. 15. The following month, Velez-Pagan arrived in Panama and commenced “his role as a member of the Administrative and Technical Staff” at the U.S. Embassy in Panama. Id. 24. The Embassy provided Velez-Pagan with a pickup truck “to accomplish his duties.” Id. 25. While stationed in Panama, Velez-Pagan initiated a romantic relationship with a young Panamanian woman, Vanesa Itzel Rodriguez Chavarria (“Rodriguez”). Id. 26.On June 19, 2014, Velez-Pagan and a colleague were ordered to provide firearm instruction to Panamanian National Police Units in Guarare, Panama. Id. 27. On June 22, Velez-Pagan, his colleague, and some Panamanian police officers spent the afternoon at a nearby beach. Pls.’ Supporting Evidence 80, ECF No. 14. Rodriguez met up with Velez-Pagan and the others. Id.At his trial for Rodriguez’s murder, Velez-Pagan testified that they left the beach together in his Embassy-provided car. Id. at 78. He stated that while they were driving, Rodriguez became aggressive, began arguing with him and, at one point, hit him in the face. Id. at 78-79. In response, he punched her in the face. Id. at 79. Although Velez-Pagan testified that he only punched her once or twice, id., “blood stains were found all over the passenger side of the [pickup truck],” suggesting a more brutal beating. Am. Compl. 29. A DNA test showed that it was Rodriguez’s blood, and the Amended Complaint alleges that the murder occurred inside the vehicle. Id.
11, 29-30. Velez-Pagan then “repeatedly r[a]n over the body of [Rodriguez] to cover up the murder to make it appear [as though] her death was caused by a traffic accident.” Id. 28. The investigating agent testified that Velez-Pagan kept steroids and syringes in his apartment, Pls.’ Supporting Evidence 85, and was allegedly using those drugs when he killed Rodriguez, Am. Compl. 45.The next morning, during a firearms training exercise, “Velez-Pagan excused himself to go to the bathroom in the woods…near the shooting range.” Cortes Decl., Ex. 2, at 6, ECF No. 21-4. A few minutes later, a Panamanian policeman found Velez-Pagan digging a hole with Rodriguez’s body nearby. Id. at 7. The officer held Velez-Pagan at gunpoint while calling for assistance from his fellow officers. Id. When the other officers arrived, Velez-Pagan admitted he had killed her. Id. Velez-Pagan was returned to the United States, tried by a military court, and convicted for, inter alia, unpremeditated murder, aggravated assault, and possession of steroids.On March 24, 2016, Rodriguez’s Estate and both of her parents filed wrongful death administrative claims with the Army and the State Department, as required by the Federal Tort Claims Act to exhaust remedies. Cortes Decl., Exs. 1-2, ECF Nos. 21-3, 21-4; Opp. Br. 27, Ex. D, ECF No. 18. Those claims were denied on January 10, 2017. Am. Compl. 8.The instant action was filed in this court by Rodriguez’s family and Estate (collectively, “plaintiffs”) against the United States Army; Department of Defense; Department of State (collectively, the “Agency Defendants”); the United States (collectively with the Agency Defendants, the “United States”); and Omar Velez-Pagan, in both his official and individual capacities.1 Am. Compl.
