Clearfield family sues over death of 13-year-old girl in shootout

Feb 21 2013 - 4:10pm

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Astrid Valdivia, the 13-year-old girl who is suspected to be the second victim in the Washington Walmart shooting. (Courtesy photo)
Astrid Valdivia, the 13-year-old girl who is suspected to be the second victim in the Washington Walmart shooting. (Courtesy photo)

OGDEN -- The family of a 13-year-old Clearfield girl who ran away with her kidnapper only to die with him during a shootout with police has sued just about everyone involved in her care in a state youth home.

Gregorio Valdivia and Jacqueline Rimola, parents of Astrid Valdivia, filed the wrongful death lawsuit in 2nd District Court last week against the state of Utah, its Department of Human Services, the state-contracted youth home where the girl was living, Utah Youth Village, two counselors there and two companies who provided ankle monitors the suit says the girl continually eluded.

The girl's history with 31-year-old Anthony Allen Martinez began sometime in the fall of 2010, according to the suit, when she left the state with him.  When the girl returned to Utah, her parents placed her in state custody to better protect her from Martinez, who was charged in Farmington 2nd District Court with her kidnapping.

Instead of keeping her from Martinez, the suit alleges, members of the youth home actually drove her to the home of a Martinez relative.

In January 2011, Astrid Valdivia again defeated her ankle monitor at the Utah Youth Village, using a knife, and fled the state with Martinez, out of jail on $25,000 bail.
Police caught up with them in a Wal-Mart parking lot in Port Orchard, Wash. As sheriff's deputies approached Martinez, he ran. The deputies pursued, and Martinez fired his weapon, wounding two of the deputies.

A third deputy shot Martinez in the leg, and when Astrid ran to Martinez, he shot the girl, killing her, before turning the weapon on himself, the lawsuit states.

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