Murder victim’s family sues for wrongful death

AUBURN – The family of a California woman who was murdered two years ago by her ex-boyfriend in his Sabattus home has filed a wrongful death lawsuit against her killer.

Melissa Mendoza’s mother sued Daniel Roberts in Androscoggin County Superior Court. Roberts, who was found guilty after a three-week trial in February, is serving a 55-year prison sentence.

The suit claims that Roberts, 37, acted with malice when he shot Mendoza, 29, in the back of the head when she arrived at his home in the early morning on Aug. 15, 2005.

In addition to wrongful death, the suit lists a handful of other claims, including emotional distress, conscious pain and suffering, and medical and burial costs.

The suit was brought by Mary Mireles of Tustin, Calif., on behalf of Mendoza’s estate. Roberts’ and Mendoza’s 4-year-old daughter, Savanna, now lives with Mendoza’s family in California. Mendoza also had a son, 13, and a daughter, 10, from a previous relationship.

Roberts and Mendoza had been embroiled in a bitter custody dispute over Savanna at the time of the shooting.

Roberts, who claimed that he shot Mendoza in self-defense to protect himself and Savanna, is appealing his conviction and sentence.

His trial attorney, Leonard Sharon, said the jury was selected improperly and the presiding judge refused to allow a hearing on whether she was biased based on her earlier work as an “advocate for victims of domestic violence.”

Mireles moved to put the lawsuit on hold until the Supreme Judicial Court has ruled on Roberts’ appeals.

Last year, while awaiting trial, Roberts sued Mireles and Mendoza’s sister, charging them with “intentional infliction of emotional distress” by helping Mendoza to fly Savanna back to California during his custody period.

Mendoza had countersued Roberts for the same charge, but both parties later dropped those suits.