ALBUQUERQUE, N.M. (AP) — The household of a person shot and killed by police in New Mexico after they responded to the wrong address is suing the town and three officers.
The lawsuit filed Friday in U.S. District Courtroom alleges Robert Dotson and his household have been disadvantaged of their civil rights when the officers within the northwestern New Mexico metropolis of Farmington mistakenly confirmed up at their residence the night time of April 5. The officers responded to the flawed deal with after getting a home violence name from a house throughout the road.
The lawsuit contends the officers acted unreasonably that night time and created a threat for Dotson and his household. The 52-year-old and his spouse have been upstairs after they heard what they believed was a knock. Dotson put his gown on, went downstairs and grabbed his handgun from the highest of the fridge, given the hour and never figuring out what he would discover, the lawsuit states.
Neither Dotson nor his spouse checked out footage from their entrance door Ring digicam earlier than he went down, in accordance with Tom Clark, one of many household’s attorneys.
Video from the digicam system on the entrance door confirmed the officers backing away, their flashlights skilled on the door as Dotson opened it. Gunfire erupted, with the officers capturing Dotson 12 instances.
“Their excessive, unreasonable actions show an utter and reckless disregard and aware indifference for the rights of plaintiffs and the lifetime of Robert Dotson,” the grievance states.
On the time, the police chief referred to as the capturing tragic and vowed his company would cooperate with New Mexico State Police investigators. That investigation is full and is being reviewed by the state lawyer basic’s workplace.
Luis Robles, an lawyer who represents the officers, reiterated the chief’s sentiments in an interview with The Related Press.
“All of them want it didn’t occur, and but it did. And that’s what’s tragic about it. It didn’t need to occur,” he stated.
Robles defined that the lead officer was utilizing the computer-aided dispatch terminal in his patrol car to seek out the house, and the mapping system positioned the pin on the Dotsons’ residence slightly than the residence the place the decision originated.
Physique digicam footage released by Farmington police following the capturing confirmed that officers walked previous the deal with that was illuminated by an exterior gentle on the residence as they approached the door. The officers knocked and introduced themselves.
Whereas knocking twice extra, the officers will be heard asking a dispatcher to substantiate the deal with and to inform the caller to come back to the door. The dispatcher states the deal with of a house throughout the road and the officers start to understand they have been within the flawed place.
The video released by police confirmed a chaotic scene erupting about 4 minutes after officers first arrived.
In accordance with the lawsuit, Dotson was blinded by the officers’ flashlights when he opened the door.
The lawsuit states that Dotson’s spouse, sporting solely a gown, got here downstairs after listening to the pictures and located her husband mendacity within the doorway. She fired exterior, not figuring out who was on the market. Police fired again, every of their 19 rounds lacking the girl.
As soon as the gunfire stopped, sirens might be heard blaring as extra officers arrived. Dotson’s spouse might be heard pleading for assist, saying somebody had shot her husband.
Legal professionals for the Dotson household stated within the grievance that Farmington police handcuffed the girl and her two teenage kids and took them to the station for questioning slightly than acknowledging their error. They contend that the officers concerned didn’t initially disclose that they have been on the flawed deal with.
Whereas Robles acknowledged the officers’ mistake, he disagreed that their reliance on know-how amounted to reckless disregard.
“I believe that’s basically the misperception in regards to the tragedy,” he stated. “It’s tragic that the officers confirmed up on the flawed home. It’s equally tragic that Mr. Dotson believed that he may level a gun at somebody as a result of they have been knocking at his door at night time.”
The blame is squarely on the officers who determined to open hearth earlier than even advising Dotson they have been regulation enforcement, in accordance with Clark.
“We imagine that any dispute in regards to the legality of the officers will likely be answered in our favor by a jury when the time comes,” Clark advised The Related Press on Friday.
Legal professionals for the household have questioned coaching and oversight throughout the Farmington Police Division relating to using power. The grievance suggests damages needs to be awarded in order that different cities and police departments are deterred from such conduct.
