The family of Victor Perez, the 17-year-old autistic Idaho boy with cerebral palsy who died after he was shot by police outside his home this month, notified the city of Pocatello of its intention to file a federal wrongful death lawsuit alleging "negligent" conduct and use of excessive force.
Perez died on April 5 death, prompting protests locally and headlines across the country after video emerged of four officers shooting him multiple times, just seconds after they arrived, having briefly instructed him to drop the knife he was holding.
Perez suffered brain damage and was declared brain dead. He died after he was taken off life support Saturday, and his funeral was Tuesday. "As a result, the Pocatello Police Department caused the death of Victor Perez," said an administrative claim, a precursor to a lawsuit.
The claim was filed on behalf of Perez's grandfather and guardian, his mother, and his aunt. A notice of administrative claim is required before a lawsuit can be filed.
The California law firm Burris Nisenbaum Curry & Lacy wrote to officials in Pocatallo and Idaho Secretary of State Phil McGrane informing them of the lawsuit and saying the family "suffered emotional distress caused by witnessing the negligent conduct of the involved officers."
The letter describes Perez as nonverbal and autistic. It says that officers shot him nine times "within moments" of having arrived and that "no de-escalation methods were attempted."
The firm said in a news release, "Mr. Perez presented with obvious disabilities and appeared incapable of posing an actual threat to the officers, who were on the other side of the approximate 4-foot fence."
The firm has been involved in several high-profile police misconduct and civil rights cases, including the beating of Rodney King in Los Angeles in 1992.
"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, " lawyer Ben Nisenbaum said.
Nisenbaum added that Perez was obviously developmentally and physically disabled, "not some superman who would bound over a fence at them."
Police Chief Roger Schei defended the officers' actions at a news conference last week. "The risk was immediate and the situation rapidly evolving," he said.
The firm plans to name the city, the police chief and the four officers when the lawsuit is filed in federal court. Both Schei and Konni Kendall, city clerk at Pocatello City Hall, did not immediately respond to requests for comment.
Ana Vazquez, Perez’s aunt, told NBC News last week that her nephew had become agitated during a family barbecue and that a neighbor called the police in hope of calming the situation.
"The police didn’t even ask what the situation was when they arrived. They didn’t listen; they didn’t even hesitate to shoot," Vazquez said. "They just shoot to kill."
The four officers' names have not been revealed; the police department said they have all been placed on administrative leave.
The East Idaho Critical Incident Task Force, led by the Bannock County Sheriff’s Office, is separately investigating the shooting. State Attorney General Raul Labrador said this week that his office would review that investigation when it is complete.
Nisenbaum told The Associated Press that the family hopes the review "recognizes the obvious: These officers failed at their jobs and should be held to account in criminal court."
