Salt Lake City (AP) — A federal judge dismissed a wrongful death claim in which a Utah man’s family, who fled the Salt Lake City police in 2020, was shot and killed nearly 30 times.
US District Judge David Barlow ruled that Bernardo Palacios Carvajal, 22, was not infringed when he was shot dead by police officers Neil Iversen and Kevin Fortuna. The Salt Lake Tribune reported on Friday..
The judge dismissed the proceedings on Monday. Palacios-Carbajal’s family filed a civil suit against police officer and police chief Mike Brown in September 2020, “unjustified” by repeatedly shooting him after the police officer was already on the ground and incapacitated. Claimed to have been involved in “violence”.
According to prosecutors, Palacios Carvajal was attacked 13 to 15 times in May 2020 after escaping from a police officer who was investigating a phone threatening a gun and shouting to drop the gun.
District attorney Sam Gil later decided that the use of force was justified because Palacios Carvajal repeatedly dropped and picked up his pistols while he was fleeing. Gil said he couldn’t pursue prosecution because the law protects police officers if they or someone else fears they are at risk. The decision prompted a street protest in Salt Lake City..
Family lawyer Nathan Morris said his client was “difficult” in the judge’s decision and was considering whether to appeal.
According to court documents filed on Monday, two police officers heard that Palacios-Carvajal threatened multiple people with guns, saying, “Mr. Palacios may be encountered during their safety and pursuit. I reasonably believed that it was an imminent threat to the general public. “
“The loss of life is tragic. As police officers, we have a duty to protect the community and each other,” said Mike Brown, the chief of the city police, in a post-judgment statement. That’s exactly what happened. “