Burch & Cracchiolo Assists Murder Victim’s Family in Honoring Son’s Life

Published on Thu, December 15, 2011

Burch & Cracchiolo Shareholders and Senior Litigators, Bryan Murphy and James “Jim” Stipe, began working with Sandy and Rudy Padilla in 2008, several years after Rudy Padilla came home from work to find the couple’s only child, Rudy Jr., age 20, shot to death in their home on December 9, 2005.   By that time, the murderer, Michael Gallardo, was awaiting trial and would eventually be sentenced to death for the heinous murder of a promising young man.  While Sandy and Rudy Padilla felt that Gallardo’s criminal proceeding would ensure he was held responsible for his crime, they also learned that there were others who made his crime possible and they wanted them brought to justice as well.  That’s where Bryan and Jim got involved.

Michael Gallardo was a long-time criminal with over 16 years of prison time behind him when he was hired by a subcontractor of a cable company to install cable TV and internet in residences in the Phoenix area.  Gallardo was hired by THREE different subcontractors and not one did a background check to determine his suitability to go into private homes.  A simple, free internet search would have revealed Gallardo’s criminal history and undoubtedly would have made him unacceptable for the job.  While the cable company’s Master Agreement with its subcontractors required background checks, there was no enforcement of the provision and it was regularly ignored.  When Sandy and Rudy Padilla learned that Gallardo was hired without a background check, they asked Bryan and Jim to file a lawsuit against the cable company and the subcontractors. 

Bryan and Jim enlisted former prosecutor and current B&C associate, Clarissa Reiman, to join them in representing the Padilla family.  Together, they successfully settled the case in November 2011 after defeating the defendants’ summary judgment motions.  The settlement provided Sandy and Rudy with the resources and the opportunity to ensure that they could honor their son’s life and prevent other families from suffering a similar loss by proposing and supporting legislation to require companies to background check anyone who will enter a private residence to conduct business. 

Today, B&C continues to assist the family in their legislative effort.  B&C shareholder, Cheryl Walsh, brings years of experience working with the media and lawmakers to the team’s effort and is working with Senator Linda Gray and others on a bill, affectionately called “Rudy’s Law” by the B&C team, that will be introduced in the 2012 Arizona Legislative Session.  She is also helping the family keep the issue alive in the media in hopes that the public will be more aware of the need to take extra precautions when allowing workers into private homes. 

Sandy and Rudy Padilla’s journey has had a profound impact on everyone at B&C.  In the words of Jim Stipe, “We take our all client's cases to heart, and the Padillas have touched us in so many ways.  Everyone in the firm that has experienced working with Sandy and Rudy is shocked and saddened by their son's death and we all cherish time with our children a little more because of what the Padilla family has endured."

For more information about the particulars of the crime and the Padilla family’s decision to pursue the enactment of “Rudy’s Law,” view links to media coverage of the case:

http://www.azcentral.com/members/Blog/LaurieRoberts/144359

http://www.azcentral.com/video/1200705665001

http://www.azcentral.com/video/#/News/Phoenix+murder+victim%27s+parents+push+for+new+law/40280768001/35150280001/1295838194001

http://www.azfamily.com/news/Valley-couple-settles-wrongful-death-lawsuit-134273708.html

http://www.azfamily.com/news/Valley-couple-fighing-for-son--134283663.html