Pocatello, Idaho — The family of Victor Perez, a 17-year-old with autism who was fatally shot by police earlier this year, has filed a lawsuit against the Pocatello Police Department. Their claims center on allegations that officers failed to adhere to the Americans with Disabilities Act (ADA) during the interaction that led to Perez’s death.
On April 5, 2023, officers responded to a call from a neighbor who reported a violent situation involving Perez, who was holding a knife. Despite previous encounters with law enforcement regarding Perez’s behavioral challenges and documented disabilities, officers arrived with their weapons drawn. Footage from the incident shows Perez being commanded to drop the knife as officers initially attempted to subdue him while he stood on the ground. Following a brief exchange, police opened fire, hitting him multiple times.
Civil rights attorney John Burris, representing Perez’s family, argues that the actions taken by the officers were not only unwarranted but directly violated the ADA. He contends that law enforcement was aware of Perez’s disabilities and was obligated to employ non-lethal means of intervention to protect him during the crisis. The family believes that alternative measures could have been pursued, preventing the escalation that resulted in the tragic outcome.
The police department stated that they were not informed about Perez’s mental health crisis at the time of the shooting, despite claims from the family’s legal team that the department had access to records detailing his condition. The incident was reportedly the culmination of repeated calls regarding Perez’s struggles, and footage indicates the lack of de-escalation tactics employed by the officers.
Following the shooting, Perez underwent several surgeries, including an amputation to remove bullets. Unfortunately, he did not survive his injuries and was later taken off life support. The shooting has sparked considerable public outcry, prompting Pocatello Mayor Brian Blad to release footage of the event to address community concerns.
In a statement regarding the incident, PPD Chief Roger Schei justified the officers’ actions by asserting that they faced an immediate threat. However, Burris maintains that this justification disregards the ADA and highlights a systemic failure in how police handle situations involving individuals with disabilities.
Advocacy groups like the Autistic Self Advocacy Network (ASAN) have raised concerns about the inadequate training many officers receive when dealing with individuals who have autism. Zoe Gross, ASAN’s director, emphasized that brief training on autism is insufficient compared to the extensive training focused on the use of force. She urged for systemic changes, such as crisis intervention teams staffed by healthcare professionals, to respond in situations that do not require police involvement.
The outcome of this lawsuit could have implications for police interaction policies regarding individuals with disabilities across the nation. As the investigation continues, it shines a light on the ongoing conversation about police reform and the manner in which law enforcement manages crisis situations involving vulnerable populations.
While waiting for the results of the Eastern Idaho Critical Incident Task Force’s investigation, Idaho Attorney General Raúl Labrador assured a thorough review of the events surrounding Perez’s shooting.
As the case progresses, the Pocatello Police Department may seek additional legal support, following a directive from the previous administration encouraging law firms to provide pro bono assistance in cases of police wrongdoing.
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