PHOENIX — The family of Christopher Phillips, a 45-year-old man killed by Phoenix police in January, has filed a $5 million lawsuit against the city, claiming excessive force in his death.
The lawsuit seeks $1 million in damages for each of Phillips' three children, who are now forced to grow up without their father.
Fatal encounter over trespassing call
The shooting occurred near 35th Avenue and Baseline Road when officers responded to reports of Phillips trespassing in an abandoned home. Body camera footage shows Phillips running away from officers while carrying a pistol.
During the chase, an officer can be heard saying Phillips had "unholstered" his weapon and was "running away from us." When asked if Phillips pointed the gun at anyone, the officer initially responded: "Negative boss, he just unholstered it and started running away from us."
However, an officer soon after claimed Phillips pointed the gun at him, though Phillips cannot be seen on body camera footage during that moment. That officer then shot Phillips in the back.
Mother preserves final voicemail
Phillips' mother, Maria Munoz, has kept the voicemail from the last call her son ever made to her.
"That's what hurts. Hearing his voice and him calling me and I can't be there for him," Munoz said.
The loss has devastated the family during what should be celebratory times, like family birthday parties and holidays.
"He wasn't there. He's not going to be there for Thanksgiving. He's not going to be there for Christmas," Munoz said. "I'm a lost soul."
Criminal history doesn't justify death, family says
Court records show Phillips had a criminal history, including guilty pleas to kidnapping and armed robbery charges two decades ago. He was most recently released from prison in 2021 after a weapons charge.
His mother acknowledges her son wasn't perfect but maintains he didn't deserve to die.
Legal challenge cites constitutional violations
Attorney Richard Lyons, representing the Phillips family, argues the shooting violated constitutional protections even though Phillips was armed.
"It does not matter that Chris had a gun. There are cases decided exactly like this in the 9th Circuit. If the suspect has a gun and is fleeing, the officer is not allowed to use deadly force," Lyons said.
Lyons also highlighted broader concerns about Phoenix police use of force, noting officers have killed more than 20 people in shootings since the start of 2024.
"They're unconstitutional killings that take place on an all too regular basis," Lyons said.
No criminal charges filed
The Maricopa County Attorney's Office has not charged the officer involved in Phillips' death with any crime. The City of Phoenix’s policy is not to comment on any pending litigation.
For Munoz, the year has been consumed by grief and the fight for accountability.
"It's horrible losing your son. It's the worst thing ever, and I wouldn't wish it on anyone," Munoz said.
The lawsuit represents the latest legal challenge to Phoenix police practices amid ongoing scrutiny of officer-involved shootings in the city.
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