A law firm based in California has informed the city of Pocatello, Idaho, about its plan to file a federal wrongful death lawsuit on behalf of Victor Perez’s family. Perez, a 17-year-old with intellectual disabilities, was fatally shot multiple times by police officers earlier this year. The incident occurred on April 5 when Perez, described as nonverbal and autistic by his family, was in a fenced yard holding a kitchen knife. A neighbor’s call prompted the police response. Upon arrival, four officers positioned themselves outside the fence, with three bearing handguns and one appearing to hold a shotgun, and instructed him to drop the knife. As Perez began to stand, the officers opened fire.
Perez endured multiple surgeries, during which nine bullets were removed and his leg was amputated. However, medical assessments revealed no brain activity, leading to him being taken off life support on a subsequent Saturday. The law firm, led by lawyer Ben Nisenbaum in Oakland, California, has filed an administrative claim against the city. The claim, which is a prerequisite for a lawsuit, accuses the police of using excessive force and highlights the emotional distress suffered by Perez’s family from witnessing the incident. The family members involved in the claim include Luis Alicea, Perez’s grandfather and guardian; Wanda Alicea, his mother; Monica Perez, his sister; and Ana Vazquez, his aunt.
The city of Pocatello, including City Clerk Konni Kendell and Police Chief Roger Schei, has not provided immediate responses to inquiries about the incident. The names of the officers involved have not been disclosed, and they are currently on administrative leave. The Eastern Idaho Critical Incident Taskforce, led by the Bannock County Sheriff’s Office, is conducting an independent investigation to determine if charges should be filed. Idaho Attorney General Raúl Labrador has agreed to review the findings from the taskforce to decide on possible charges. Labrador emphasized the seriousness of the matter and stated that no further public comments would be made by his office at this time.
The attorney representing Perez’s family argued that Perez’s actions before the shooting were typical of someone with physical disabilities, not threatening behavior. The family and their legal representation hope that the investigation will acknowledge the alleged misconduct by the officers and result in accountability through criminal proceedings.
The Bottom Line
The tragic shooting of Victor Perez raises significant concerns regarding law enforcement’s approach to handling individuals with disabilities. The pending lawsuit and investigation could prompt a re-evaluation of police protocols when dealing with similar situations, potentially leading to reforms aimed at preventing excessive use of force. For the Pocatello community and beyond, this incident highlights the importance of training law enforcement officers to effectively and compassionately engage with individuals who have disabilities.
There could be broader implications for how communities across the country respond to such incidents, potentially influencing policy changes and the adoption of de-escalation techniques. This situation may also encourage increased dialogue about the needs and rights of individuals with disabilities, fostering a more inclusive and understanding society.
