BREAKING: Woman shot by PBSO deputy who killed self sues condo complex

The woman shot last month by Palm Beach County Sheriff’s deputy Michael DeMarco, who then fatally shot himself, has sued her Boynton Beach condominium complex and its property manager, as well as DeMarco’s estate, court records show.

Yuly Solano had broken up with DeMarco about three weeks before the morning of Oct. 12. DeMarco was on duty when he pulled up to the Inlet Harbor Club in uniform and in his unmarked sheriff’s cruiser at about 8 a.m. that day, Boynton Beach police have said. He spotted Solano walking her dog and began an argument that ended in him shooting her with his service handgun, a 9-millimeter Glock.

The complaint, filed Thursday in Palm Beach Circuit Court on behalf of Solano, 41, and her 18-year-old daughter, Aryana Nicole Baluja, names DeMarco’s estate, the Inlet Harbor Condominium Association and Benchmark Property Management, which oversees Inlet Harbor.

DeMarco and Solano lived in different residences in the complex, along Federal Highway near Gateway Boulevard, and had dated for about seven months, police have said.

The lawsuit claims Solano had made a “formal complaint” to the condo and to Benchmark, saying DeMarco had been “threatening and terrorizing” her and had committed “acts of vandalism and violence toward her.” And it said condo managers knew DeMarco “was armed with a deadly weapon.”

It said the condo had a duty to notify law enforcement that Solano “was very concerned about the threat of him committing violence toward her and her daughter.”

Both Boynton Beach police and the sheriff’s office have said in response to Palm Beach Post public records inquiries that they have no record of Solano complaining to them about DeMarco.

A manager for Benchmark did not respond Wednesday to requests for comment via phone and email. A spokesperson for Solano’s lawyer, Gary Iscoe, also did not reply to requests for comment. Within days of the shooting, Iscoe had threatened on Solano’s behalf to sue the condo board and the sheriff’s office.

While the sheriff’s office is not named in Solano’s new lawsuit, Solano’s lawyers have previously said the department failed either to properly care for or supervise DeMarco, who they say was “clearly battling mental duress and emotional troubles.”

Solano is in a separate dispute with Boynton Beach police, who seized her cellphone as part of their investigation. Her lawyers later asked a judge to force police to return it. Police have said they will do so when they’re done with it. Police said Wednesday they had no update on that matter.

In court papers filed Oct. 26 in the cellphone dispute, lawyers said Solano was in the intensive-care unit at Delray Medical Center, connected to a feeding tube, “writhing in pain and on medications to alleviate her extreme state of pain and terror.”

In the new lawsuit, Solano’s lawyers say her daughter, a college student who lived with Solano, “has been at the hospital every waking moment, brushing her mother’s matted hair, holding her hand, hoping she will live, banishing thoughts that she might not live.”

Solano’s current condition could not be learned Wednesday. The daughter refused to speak to a Post reporter.

Details of the shooting also were in more than 160 pages of documents obtained Nov. 6 by The Post from Boynton Beach police under a public-records inquiry. Police did not release all their documents, saying the case isn’t closed because they have not been able to interview Solano. Police also did not have an update on that effort Wednesday. Police also had blacked out parts of numerous documents. Among them: an interview with Baluja, and much of an interview with Robert Rozzero, the Inlet Harbor Club maintenance man who watched the deadly encounter.

Also, DeMarco’s brother, Frank Dunkow, 52, who was arrested on federal fraud charges Oct. 12, the same day as the shooting, has asked a judge to postpone his trial as he deals with “this tragedy.”

In a motion filed Tuesday asking for more time, Dunkow’s lawyer, Michael Salnick, said that prior to the indictment, “there was talk of a plea negotiation in this case,” and lawyers need to review prosecutors’ documents before they decide whether to pursue that conversation.

“Because of the emotional turmoil in the defendant’s life as a result of his brother’s suicide, it has been difficult to deal with some of these matters at the same time the defendant is dealing with his brother’s death,” Salnick wrote.

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