Victor Pérez’s family, the 17 -year -old autistic child with cerebral palsy who died after the police shot him out of his home earlier this month, notified the city of Pocatello of his intention to present a federal demand for unfair death for “negligent” conduct and for using excessive force.
The death of April 5 of Pérez caused locally protests and was news throughout the country after a video of four officers who shot him several times arose, only seconds after arriving, having briefly instructed to release the knife he was holding.
Pérez suffered brain damage in the shooting and was declared brain dead. He died after being taken from life support on Saturday, and his funeral was held on Tuesday. “As a result, the Pocatello police department caused the death of Victor Pérez,” said an administrative claim, a precursor to a lawsuit.
The claim was filed on behalf of the grandfather and tutor of Pérez, his mother and his aunt. A warning of administrative claim is required before submitting a claim.
California’s law firm, Burris Nisembaum Curry & Lacy, wrote to the officials in Pocatallo and Idaho Secretary of State Phil Mcgrane, informing them of the next lawsuit and saying that the family “suffered emotional anguish caused by the presentation of the negligent conduct of the officers involved.”
The letter describes Pérez as nonverbal and autistic and says that the officers shot him nine times “in moments” after arriving and that “they did not attempt withdrawal methods.”
“Mr. Pérez presented obvious disabilities and seemed unable to represent a real threat to the officers, who were on the other side of the approximate fence of 4 feet,” the firm said in a press release.
The same company has been involved in several cases of police misconduct and high -profile civil rights, including Rodney King beating in Los Angeles in 1992.
“Not once they told their family members that they would shoot if they did not move away from Victor, and there is no possibility that they really believed that Victor could stab them behind the fence,” said lawyer Ben Nisenbaum.
Nisembouum added that Pérez was obviously disabled in development and physically, “not a superman who would tie them a fence.”
Police chief Roger Schei defended the actions of officers at a press conference last week. “The risk was immediate and the situation in rapid evolution,” he said.
The firm plans to appoint the city, the police chief and the four officers when the lawsuit is presented in the Federal Court. Both Schei and Konni Kendall, employee of the city at the City Council of Pocatello, did not immediately respond to a request for comments.
Pérez’s aunt, Ana Vázquez, told NBC News last week that her nephew had stirred during a family barbecue and a neighbor called the police in the hope of calming the situation.
“The police did not even ask what the situation was when they arrived. They did not hear; they don’t even hesitate to shoot,” Vázquez said. “They simply shoot to kill.”
The names of the four officers have not been revealed, but the Police Department said that all have been placed on administrative license.
The Critical Incident Task Force of East Idaho, led by the Sheriff’s Office of Bannock County, is carrying out a separate investigation into the shooting. Idaho Attorney, Raul Labrador, said this week that his office would carry out a review of that investigation on his completion.
Nisembaum told the AP that the family expects the review “to recognize the obvious: these officers failed in their work and should be considered in accounts in a criminal court.”
