Published: Tuesday, January 02, 2018 @ 5:10 PM
By: Eliot Kleinberg, Palm Beach Post
BOYNTON BEACH, Fla. — The condo complex sued by resident Yuly Solano after Palm Beach County Deputy Michael DeMarco gravely wounded her Oct. 12 and then fatally shot himself says in court papers that the person most responsible is Solano herself.
She knew DeMarco, her former boyfriend, was dangerous and didn’t do enough to stop him, the Inlet Harbor Club Condominium Association says in documents filed Dec. 20.
Police have said DeMarco, who also lived at the complex, drove up in his unmarked patrol car early that morning and confronted Solano as she walked her dog, Coco. Surveillance-camera video shows DeMarco pulling out his service weapon, a .40-caliber Glock handgun, and shooting her three times before slumping and placing the handgun to his head. He died where he fell.
Solano was taken to Delray Medical Center. Her current status is unknown.
On Nov. 16, lawyers for the woman sued Inlet Harbor and its property manager, Benchmark Property Management, as well as DeMarco’s estate.
In its Dec. 20 response, the condo association said Solano “knew of the existence of the danger complained of in the Complaint, realized and appreciated the possibility of injury as a result of the danger, but failed to take action to avoid same.”
It added that “if there was any negligence that caused or contributed to the Plaintiff’s alleged injuries, it was solely the result of negligence” on the part either of Solano or of the other sued parties, DeMarco’s estate and Benchmark.
In an answer filed Dec. 21, Solano’s lawyers said only that their firm denies “each and every affirmative defense” made by the condo association and “demands strict proof thereof.” A spokeswoman said Friday the lawyers were out for the holidays and weren’t available for additional comment.
Solano’s lawyers have previously said she complained of harassment by DeMarco to both the condo association and the management office. Both city police and the Sheriff’s Office have said they have no record of Solano making a formal complaint. The police reports said that “no official correspondence or reports of harassment were reported” to Inlet Harbor.
In a Nov. 8 hospital-bed conversation with detectives — apparently the first time they could talk to her — Solano said she had planned to file formal complaints but “did not have a chance” to get to it before the shooting.