On Wednesday, a law firm from California announced its intention to pursue a federal wrongful death lawsuit on behalf of Victor Perez’s family against the city of Pocatello, Idaho. Victor Perez, a 17-year-old with intellectual disabilities, was fatally shot by four police officers.
Described by his family as nonverbal and autistic, Perez was in a fenced yard with a kitchen knife when a neighbor alerted the police on April 5. Upon arrival, the officers, three holding handguns and one with a shotgun, positioned themselves outside the fence and demanded Perez drop the knife. As he began to stand, the officers opened fire.
Perez endured multiple surgeries, having nine bullets removed and a leg amputated, but tests later indicated he had no brain activity. Consequently, he was taken off life support on the following Saturday.
Attorney Ben Nisenbaum criticized the justification for the officers’ actions, stating, “They can’t claim he was a threat to anyone.” Following this, his Oakland-based law firm filed an administrative claim against Pocatello. This claim was made on behalf of Perez’s grandfather and guardian Luis Alicea, his mother Wanda Alicea, sister Monica Perez, and aunt Ana Vazquez. According to Nisenbaum, they plan to name the city, police chief, and the four involved officers when they file a federal lawsuit.
The administrative claim alleges that excessive force was used against Perez, causing the family to suffer emotional distress from witnessing the officers’ negligence.
Pocatello City Clerk Konni Kendell and Police Chief Roger Schei did not immediately respond to requests for comment. The identities of the officers are undisclosed; however, they have been placed on administrative leave. Any decisions regarding potential charges will follow an independent investigation by the Eastern Idaho Critical Incident Taskforce, led by the Bannock County Sheriff’s Office.
Raúl Labrador, Idaho’s Attorney General, has agreed to review the taskforce’s investigation to decide whether charges are appropriate. This review follows a request from the county’s prosecuting attorney. Labrador stated that his office will conduct an exhaustive and impartial analysis once the taskforce’s investigation concludes, noting the gravity of the matter prevents further public comment at this time.
Nisenbaum addressed Perez’s condition, arguing his movements indicated physical disability, rather than being a forceful threat. He emphasized the necessity of recognizing the officers’ actions as criminal failures, advocating for accountability in a court of law.