GREENFIELD, Calif. — A federal civil rights and wrongful death lawsuit was filed Monday on behalf of a Greenfield man who was killed after a SWAT team set his house on fire with a grenade.


Rogelio Serrato, 31, was unarmed when the Monterey County Special Weapons and Tactics Team launched a flash-bang stun grenade into his Greenfield house on Jan. 5, lawyer Michael Haddad said.


The grenade ignited the house and Serrato, who was unarmed, died inside.


According to a coroner’s report, Serrato died from smoke inhalation, complicated by methamphetamine intoxication.


The SWAT team was assisting the Monterey Police Department with their investigation into a shooting that happened at the Mucky Duck bar on New Year’s Day. Serrato was not at the Mucky Duck on the night of the shooting, his lawyer said.


Monterey County SWAT drove a military combat-style vehicle and an armored truck to Serrato’s home at 9:23 a.m.


Two dozen SWAT members surrounded the house and ordered the Greenfield man to come out from the San Antonio Drive home and surrender, the lawsuit said.


When Serrato did not respond to their commands, they threw a flash-bang stun grenade into his living room as a “scare tactic,” igniting two sofas, lawyer Michael Haddad said.


Instead of attempting to extinguish the fire or rescue Serrato, law enforcers pointed assault rifles into Serrato’s home while waiting for the fire department to arrive, according to the lawsuit. By the time the fire was extinguished, Serrato had died.


The lawsuit was filed by law firm Haddad & Sherwin on behalf of Serrato’s two toddler sons. It is seeking unspecified monetary damages.


The lawsuit names the following as defendants: Sheriff Scott Miller, Captain Charles Monarque, Cmdr. Kevin Oakley, Sgt. Garrett Sanders, Sgt. Joseph Banuelos, Sgt. Randy Ragsac, Det. Al Martinez and Deputy Mark Sievers.


Miller, Monarque, Oakley, Sanders and Banuelos planned the SWAT raid and made the final decision use the grenade as a “scare tactic” to frighten Serrato out of his home, according to the lawsuit.


Martinez was the SWAT team member who threw the grenade, the lawsuit said.


“The military style raid was highly excessive. They needlessly killed this young father,” Haddad said.


Captain Monarque said he could not comment because the Monterey County Sheriff’s Office has not been served with the lawsuit.


The raid stemmed from an investigation on a shooting that happened four days earlier inside the Mucky Duck, a bar in downtown Monterey. Three men were shot during the New Year’s Day party.


Alejandro Jose Gonzalez, 23, of Greenfield, was arrested and charged with four felony counts of attempted murder. He is scheduled to appear in court Wednesday.


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