Challenges in Holding Police Accountable for Shooting Bystanders

1 month ago 0

When Chandler, Arizona, police responded to reports of a man with a gun making threats, Mark Trujillo went outside to warn officers that his family was next door. Moments later, his world changed forever.

Footage from body and Ring cameras, acquired by CBS News, provides a detailed timeline. Officers on one street corner confronted the armed neighbor and opened fire. Another officer, unaware the suspect was down, misidentified Trujillo and shot him.

I remember making a gesture with my hand, but saying, ‘You’re going to hit my house, ‘ Trujillo told CBS News.

Five seconds later, Trujillo was severely injured, shot by an officer mistaking him for the suspect. Trujillo’s spine was severed, leaving the father of five permanently unable to walk.

“I fell right there and my children and my wife saw me from that door. I was laying right here yelling for help,” he recounted.

Incidents Across the U.S.

A CBS News investigation of police records and news reports uncovered over 50 instances since 2015 where innocent bystanders were shot by police. The chaotic bodycam footage highlights the unintended casualties of crossfire incidents.

Law enforcement watchdogs suggest the real number might be higher as no systematic tracking exists. The Department of Justice, our federal government, should be keeping track of these stats, said Benjamin Taylor, Trujillo’s attorney.

For the families affected, aside from grieving, medical and funeral expenses stretch them financially. Trujillo seeks $50 million in damages with a lawsuit against the Chandler Police Department and the city.

Legal Battles and Immunity

Attorney Taylor explained that these lawsuits face significant hurdles because of qualified immunity, shielding officers from civil suits. In Trujillo’s case, city attorneys defend the officers as performing their duties without negligence. The case remains unresolved, with the officers cleared of criminal charges.

CBS News requested an interview with the Chandler Police Chief, but the department declined, citing the ongoing lawsuit.

The Fraternal Order of Police supports formalizing qualified immunity into law, which they argue is critical for law enforcement officers to perform duties without fear of legal repercussions. Patrick Yoes, the group’s president, advocated for this legal protection in Congress.

In a separate case, a Los Angeles jury decided the LAPD was not responsible for the shooting of 14-year-old Valentina Orellana-Peralta. The incident occurred when officers fired at a suspect, and a bullet struck the girl through a wall at a Burlington Coat Factory.

This outcome discouraged her family from recovering damages. Their attorney described the case as his career’s most crushing defeat.

Many officers convey to CBS News the fear of litigation affecting their work, while some worry about its impact on recruiting new officers.

We understand that there are good officers out there, but when an officer makes a mistake, they need to be held accountable for their actions, said Taylor.