A lawsuit was filed Friday in Denver District Court against two Glendale police officers who shot and killed a man in traffic on Colorado Boulevard.
The 23-page complaint and jury, filed on behalf of John Pacheco Jr.’s mother and estate, named officers Neil McCormick and Chandler Phillips, claiming that McCormick lied when he said Pacheco’s truck hit him on October 31. was killed in 2020. Shooting night.
“Phillips also falsely claimed that he saw Dodge Strike Officer McCormick,” the lawsuit alleges. “The officers were dishonest in their statements to investigators regarding the shooting.”
Pacheco was asleep because the truck was still moving as there was traffic moving around him. McCormick and Phillips responded to the scene. When Pacheco awoke, he proceeded to hit a parked patrol car. As soon as the bullet was fired, the truck overturned.
A video clip taken by a witness and posted to Twitter was viewed by investigators with the Denver and Aurora Police Departments and the Denver District Attorney’s Office. According to the police shooting judgment letter on the incident, the video “shows multiple shots at the truck overturning at an estimated time,” which cleared officers of criminal charges in May.
The decision letter said an expert consulting the DA’s office said “the use of force was appropriate and necessary” based on the assumption that McCormick was at risk of being hit by a truck that was reported to have been stolen. , stated in the decision letter. Another expert said that Pacheco was “a potential threat to others that[they]should be allowed to escape the control of the authorities.”
The lawsuit, filed Friday, regarding measures to enhance law enforcement integrity, is based on Senate Bill 20-217, said Matthew Hultzman, an attorney representing Jamie Fowler, Pacheco’s mother, and the estate of the deceased.
“There were no officers in the way of the Dodge piloted by Mr. Pacheco when they began firing their weapons,” the lawsuit claims. “After Mr. Pacheco was hit by the defendants’ bullets, one of which hit his spine, his leg came down on the gas pedal and Dodge began to accelerate backwards and behind him was an empty and unmarked police vehicle. hit it.
Haltzman said in a statement that the officers’ firing was reckless, extreme and unfair.
“Officers Phillips and McCormick’s reckless creation of any threat, their inappropriate use of lethal force following the disappearance of such a threat, coupled with inadequate training and supervision by the Glendale Police Department, ultimately led to the officers’ use of the department. Force training, as well as the rights of (to be) Mr. Pacheco under the Fourth Amendment to be exempt from the improper use of deadly force, ultimately resulted in his murder,” Haltzman said. “Officers Phillips and McCormick’s serious and inappropriate use of force is symptomatic of a pervasive culture in law enforcement that calls for officers to shoot first and question them later. Video evidence already available in this case shows that none of the officers were affected or in danger before Mr. Pacheco fired 19 shots.
The lawsuit seeks “an award of compensatory damages in an amount that includes, but is not limited to, medical and burial expenses; pain and suffering prior to death; (and) loss of earnings based on the likely duration of Mr. Pacheco’s life” whether He was not killed.