Lawyers file wrongful death notice against Idaho city for family of boy
shot by police
[April 17, 2025]
By MARTHA BELLISLE
A California law firm notified the city of Pocatello, Idaho, on
Wednesday of its intention to file a federal wrongful death lawsuit on
the behalf of the family of Victor Perez, a 17-year-old boy with
intellectual disabilities who was shot multiple times by four police
officers.
Perez, who was described by his family as nonverbal and autistic, was
inside a fenced yard holding a kitchen knife on April 5 when a neighbor
called police. Four officers arrived and lined up outside the fence,
three with handguns and one holding what appeared to be a shotgun, and
told him to drop the knife. As Perez started to stand up, they began
shooting.
Perez underwent several surgeries, with doctors removing nine bullets
and amputating his leg, before tests showed that he lacked brain
activity. He was removed from life support on Saturday.
“They can't justify the shooting by saying he was a danger to anyone,”
lawyer Ben Nisenbaum told The Associated Press after his Oakland,
California, law firm filed the administrative claim against the city of
Pocatello. “He wasn't going after anyone. The officers just lined up and
opened fire.”
The claim was filed on the behalf of Luis Alicea, Perez's grandfather
and guardian; Wanda Alicea, his mother; Monica Perez, his sister; and
Ana Vazquez, his aunt. Nisenbaum said they plan to name the city, police
chief and the four officers when they filed the lawsuit in federal
court.
The administrative claim, which is a precursor to the lawsuit, says the
officers used excessive force against Perez and his family has "suffered
emotional distress caused by witnessing the negligent conduct of the
involved officers."
Pocatello City Clerk Konni Kendell did not immediately return messages
seeking comment. Messages sent to Pocatello Police Chief Roger Schei
seeking comment were not immediately returned.
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In this image taken from video, police are seen shortly before
opening fire on a teen on the other other side of a fence Saturday,
April 5, 2025, in Pocatello, Idaho. (Brad Andres via AP)
The names of the officers have not been released. They were placed
on administrative leave, and decisions about whether charges should
be filed will be made after an independent investigation by the
Eastern Idaho Critical Incident Taskforce led by the Bannock County
Sheriff's Office.
Idaho Attorney General Raúl Labrador said he has agreed to review
the taskforce's findings to determine whether charges should be
filed. He said he made that decision at the request of the county
prosecuting attorney.
“As with all such matters, the Office of the Attorney General will
conduct a thorough and impartial review once the Eastern Idaho
Critical Incident Taskforce completes its investigation,” Labrador
said in a news release. “Given the seriousness of the matter and the
ongoing investigation, our office will not be making further public
comment at this time.”
Nisenbaum said Perez' movements before the shooting were consistent
with someone who was physically disabled, “not some superman who
would bound over the fence at them."
"We hope the investigation being conducted by the Idaho Attorney
General recognizes the obvious: These officers criminally failed at
their jobs and should be held to account for their actions in
criminal court,” he said.
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