U.S.
/ CBS/AP
Idaho teen with autism dies after police shooting
A California law firm notified the city of Pocatello, Idaho, on Wednesday of its intention to file a federal wrongful death lawsuit on behalf of the family of Victor Perez, a 17-year-old boy with intellectual disabilities who was shot multiple times by four police officers.
Perez, who was described by his family as nonverbal and autistic, 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, video from a witness shows.
Perez underwent several surgeries, with doctors removing nine bullets and amputating his leg, before tests showed he lacked brain activity. He was removed from life support on Saturday. The coroner's office in Bannock County, Idaho, where the shooting took place, conducted a forensic autopsy this week but only released the results privately to Perez's family and agencies investigating his death, according to a county spokesperson.
"The officers had obvious alternatives to the unconscionable decision to open fire on Victor, shooting him 9 times within seconds of arrival," attorney Ben Nisenbaum, whose Oakland, California, law firm filed the administrative claim against the city of Pocatello, said in a statement.
"Not once did they tell his family members that they would shoot if they didn't move away from Victor, and there's no chance that they really believed Victor was able to stab them from behind the fence," the statement continued. "If the officers actually thought that, they would have stepped back, away from the fence, when Victor started to move toward them."
In additional comments to The Associated Press, Nisenbaum said law enforcement "can't justify the shooting" on the grounds that Perez posed a danger to others. Perez's family has said he wasn't threatening anyone, and that they were trying to get the knife out of his hands.
"He wasn't going after anyone," Nisenbaum, speaking about the teenager, told AP. "The officers just lined up and opened fire."
The wrongful death claim was filed on 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 file the lawsuit in federal court.
The administrative claim, which is a precursor to a 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 Pocatello Police Department posted avideo statement to its Facebook page on April 7, with Schei saying he wanted to "provide clarity, share the information we can at this stage and address some misconceptions that have emerged."
"We understand the concern and emotion surrounding the officer-involved shooting that occurred," he said at the time. "We are also aware of the video circulating online, which shows only one angle. The full picture requires careful review of all facts and evidence."
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 Task Force led by the Bannock County Sheriff's Office.
Idaho Attorney General Raúl Labrador said he has agreed to review the task force'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 Task Force 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's 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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- Idaho
- California
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- Shootings
