A California law firm notified the city of Pocatello, Idaho, on Wednesday of its intention to file a federal wrongful death lawsuit on the behalf of the , a 17-year-old boy with intellectual disabilities who was by four police officers.
Perez, who was described by his family as nonverbal and , was inside a fenced yard holding a kitchen knife on April 5 when a neighbor called police. Four officers arrived and lined up outside the fence, three with handguns and one holding what appeared to be a shotgun, and told him to drop the knife. As Perez started to stand up, they began shooting.
Perez underwent several surgeries, with doctors removing nine bullets and amputating his leg, before tests showed that he lacked brain activity. He was on Saturday.
“They can’t justify the shooting by saying he was a danger to anyone,” lawyer Ben Nisenbaum told The Associated Press after his Oakland, California, law firm filed the administrative claim against the city of Pocatello. “He wasn’t going after anyone. The officers just lined up and opened fire.”
The claim was filed on the behalf of Luis Alicea, Perez’s grandfather and guardian; Wanda Alicea, his mother; Monica Perez, his sister; and Ana Vazquez, his aunt. Nisenbaum said they plan to name the city, police chief and the four officers when they filed the lawsuit in federal court.
The administrative claim, which is a precursor to the lawsuit, says the officers used excessive force against Perez and his family has “suffered emotional distress caused by witnessing the negligent conduct of the involved officers.”
Pocatello City Clerk Konni Kendell did not immediately return messages seeking comment. Messages sent to Pocatello Police Chief Roger Schei seeking comment were not immediately returned.
The names of the officers have not been released. They were placed on administrative leave, and decisions about whether charges should be filed will be made after an independent investigation by the Eastern Idaho Critical Incident Taskforce led by the Bannock County Sheriff’s Office.
Idaho Attorney General Raúl Labrador said he has agreed to review the taskforce’s findings to determine whether charges should be filed. He said he made that decision at the request of the county prosecuting attorney.
“As with all such matters, the Office of the Attorney General will conduct a thorough and impartial review once the Eastern Idaho Critical Incident Taskforce completes its investigation,” Labrador said in a news release. “Given the seriousness of the matter and the ongoing investigation, our office will not be making further public comment at this time.”
Nisenbaum said Perez’ movements before the shooting were consistent with someone who was physically disabled, “not some superman who would bound over the fence at them.”
“We hope the investigation being conducted by the Idaho Attorney General recognizes the obvious: These officers criminally failed at their jobs and should be held to account for their actions in criminal court,” he said.
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