Claim filed over deadly Scottsdale police shooting

SCOTTSDALE, AZ - The family of a Marine shot and killed by a Scottsdale police officer has filed a $5 million notice of claim against the city.

The notice late last month was the first step before filing a lawsuit over the death of Jason Prostrollo, The Arizona Republic reported. The claim alleged that police Lt. Ron Bayne shot and killed Prostrollo, 25, "without justification" on Jan. 28 after police were called to the home of an acquaintance of Prostrollo's.

Bayne shot Prostrollo just as a trained police dog was released to attack Prostrollo. Bayne fired two shots, one hit and injured the dog and another killed Prostrollo, who was holding two halves of a pool cue, according to police records.

Police say Prostrollo was intoxicated and had threatened a couple and a cab driver with a knife.

The notice of claim was filed by attorney Joel B. Robbins on behalf of Warren Prostrollo, Jason's father. The claim states that "the shooting was wrongful and should not have occurred."

"This is a tragic case that didn't need to happen," Robbins said. "His (blood-alcohol) was above 0.40. There's no doubt the dog would have been able to do his job."

A police spokesman declined comment on the pending litigation. A call to Warren Prostrollo of Paradise Valley was not returned.

According to police report released, Bayne opened fire on Jason Prostrollo after he appeared in the doorway of a friend's house holding two halves of a pool cue. Earlier that evening, Prostrollo had gone to the home of two friends to play pool and drink.

At about 3 a.m., the friend called Prostrollo a taxicab. The cabdriver later called police and said a man had held him at knifepoint and ordered him to return to the friend's home.

The friends called police when they felt threatened by Prostrollo, who they said was holding a large hunting knife.

Police saw Prostrollo exiting the home slowly with the pool-cue halves in each hand. When he refused a police order to stop, the dog was released. Bayne shot at the same time, fatally wounding Prostrollo.

The claim states that officers had a non-lethal alternative to firearms in their Tasers, and "the dog should have been given a chance to do its job before lethal force was used."

Jason Prostrollo was a Marine who completed two tours of duty in Iraq and was honorably discharged in 2010. He was working at hotel and had recently re-enrolled at Scottsdale Community College, his father said in an interview with The Republic after his son's death.

He had also been diagnosed with post-traumatic stress disorder, the father said.