GUN Homeowner mistakenly shot 6 times by officer seeks $5.75 mil

Discussion in 'On Topic' started by TL1000RSquid, Mar 18, 2009.

  1. TL1000RSquid

    TL1000RSquid ΜΟΛΩΝ ΛΑΒΕ

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    Man shot 6 times by police to file suit against Phoenix
    Homeowner mistakenly targeted by officer seeks $5.75 mil
    http://www.azcentral.com/community/phoenix/articles/2009/03/18/20090318shotsue0318.html
    by Ofelia Madrid - Mar. 18, 2009 12:00 AM
    The Arizona Republic
    [​IMG]
    A man mistakenly shot six times in his home last September by a Phoenix police officer filed notice of claim against the city Monday seeking $5.75 million in damages for himself and his family.

    Phoenix Officer Brian Lilly shot Tony Arambula on Sept. 17 after Phoenix police responded to a call about an intruder in Arambula's central Phoenix home, the claim states.

    A Phoenix police spokesman declined Tuesday to comment on the shooting or the pending litigation, but confirmed that Lilly had returned to work after being placed on administrative leave.

    The notice of claim filed by Michael Manning, Arambula's attorney, names the city, its police department, Lilly and two other officers. It is the first step in filing a lawsuit against a public agency. Arambula, 35, gave this account on Tuesday:

    The evening of the shooting, Arambula was sitting on his couch watching cartoons with his 2-year-old son when shots were fired through his living-room window. Thinking it was a drive-by shooting, he grabbed his son and crawled away from his window.

    His wife, Lesley, ran from a bedroom to see what was going on. Arambula handed the 2-year-old to her. By that time, an intruder, later identified as Angel Anastacio Canales, had broken in through the living-room window.

    Canales, with a 9 mm gun in his hand, ran into Arambula's 12-year-old son's room.

    Arambula, a licensed gun owner, grabbed his own gun and followed Canales into the bedroom. His son was hiding in the closet. Canales was trying to crawl underneath the boy's bed.

    Arambula ordered his son to find his mother and call 911. Arambula also called 911, telling the operator that he was holding the man at gunpoint.

    Meanwhile, officers already chasing Canales arrived in the Arambulas' backyard. Lesley and her boys were outside.

    "I told them my husband was inside, he was the one with the gun," she said Tuesday.

    The officers entered the house with a shout of "Police!" Almost immediately, Lilly shot Arambula in the back. Three more shots were fired at him, one hitting him in the arm. When Arambula fell to the floor, the claim asserts, Lilly shot him two more times.

    That's when Arambula told Lilly he'd shot the wrong man. There was an eerie quiet, Arambula recalled.

    Later, in his Internal Affairs interview, Lilly admitted firing at Arambula without any verbal warning, according to the claim.

    A tape of the 911 call cited in the claim quotes Lilly as telling his supervisor moments later, "We (expletive) up."

    Canales was apprehended peacefully.

    Arambula's eyes filled with tears as he described officers dragging him outside by his left leg. He said he pleaded with officers not to let his family see him die.

    The shot Arambula took in back left a gaping exit wound in his abdomen that was large enough to fit an 8-ounce cup, the claim charges.

    A hospital stay of almost a week was followed by two months of at-home care. Today, he wears a brace on his left hand and there are two metal brackets holding his arm to his hand. Arambula said Tuesday that he did everything he was supposed to in that situation.

    "I would have loved if they would have told me to get on the floor and drop to my knees," Arambula said. "To not have given me any opportunity to not get shot, it's confusing. I pray that this never happens to another family."

    ====

    Sounds like he deserves the money. Cop shouldn't still have his job.
     
  2. I hope he wins too. Normally I'd give the cops the benefit of the doubt, but it does sound like they screwed up here.
     
  3. spankaveli

    spankaveli OT Supporter

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    So, if the media accounts are correct, the wife told the cops that her husband was the one with the gun and the cop busts in and start shooting the guy with the gun?

    I hope he gets every penny of that money.
     
  4. T0nyGTSt

    T0nyGTSt New Member

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    shooting someone in the back is instafail

    so is putting two more shots into him when he's down
     
  5. smartypants

    smartypants New Member

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    he should have dropped the gun.
     
  6. Buzz Killington

    Buzz Killington nunc fortunatus sum

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    He did, after he got ventilated :o
     
  7. :hsugh:
     
  8. clarus

    clarus OT Supporter

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    i think he deserves more than 5.75 million.
     
  9. smartypants

    smartypants New Member

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    Ergo: he was holding the gun.
    If he wasn't holding a gun, especially when the police announced themselves, he wouldn't be all holy.
     
  10. spankaveli

    spankaveli OT Supporter

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    The article states that the other guy had a gun too. Why would he drop the gun if that's the case?
     
  11. The cop himself said that he fired "almost immediately" after announcing himself. He then said that he fired "without any verbal warning." Then he admitted that he fucked up. I understand the desire to defend the police, but it's pretty clear through the officer's own statements and admissions that he fucked up in this case. And let's not forget that, on top of all of that, the officer was told that the homeowner was inside with a gun. And he shot him in the back! It's not like the homeowner even turned towards the officer with the gun.
     
  12. GlobeGuy

    GlobeGuy New Member

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    It was not pointed towards the officer...
     
  13. Finest

    Finest OG #93

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    Geezus, what caliber was this?! :eek3:
     
  14. T0nyGTSt

    T0nyGTSt New Member

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    how are you supposed to drop a gun if the cop fires immediately after announcing himself - while your back is turned?

    maybe it was the bad guy pretending to be a cop - not that that ever happens

    nah brah... just one rotten apple
     
  15. smartypants

    smartypants New Member

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    I don't know that and neither do you.
    It doesn't sound like a great shoot, but there's some culpability on the homeowner.
     
  16. smartypants

    smartypants New Member

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    The cop was dumb to have said that shit.
    He should have kept this mouth shut.
    It sounds like he fucked up, but making statements like that after a shoot isn't good for anyone.
     
  17. What the fuck?! If that's the TRUTH, then why shouldn't it be said? The good is done when people take responsibility for what they did. Would you rather the cop lied and told people that the homeowner ignored his multiple verbal warnings and then turned towards him with the gun?
    :ugh2:
     
  18. twistid

    twistid Banged By Super Models Moderator

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    if he was given the chance, it sounds like he would have.
     
  19. By the officer's own statements, and the victim's injuries it would make overwhelming logical sense that that's how it went down.
     
  20. smartypants

    smartypants New Member

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    We ought to take a lesson from him and remember to not make statements that could dramatically affect the rest of your life after an emotional and terrifying situation.

    No one ever got in trouble keeping their mouth shut.
     
  21. smartypants

    smartypants New Member

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    I don't think it was a great shoot. That being said, he fucked himself by making the statement immediately after the fact.
     
  22. Gotcha. He shouldn't have told what happened until he could have found a way to spin it where it didn't look like he was warned there was an armed homeowner trying to protect his own house, who he then shot in the back without any warning. The most important thing to remember here is that it is imperative that one covers their own ass, regardless of what happened. :rolleyes:
     
  23. GlobeGuy

    GlobeGuy New Member

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    He was shot in the back, so I do know it.
     
  24. GlobeGuy

    GlobeGuy New Member

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    Along with that famous cop on intertube who discharges her weapon while her partner is putting handcuffs on a suspect.
     
  25. Big +1. There's not any good done in defending bad actions. Defend the good cops, get rid of the bad ones, and everyone benefits.
     

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