PHOENIX — A notice of claim, a precursor to a lawsuit, has been filed seeking a $500,000 settlement from the City of Phoenix, alleging three Phoenix Police Department officers broke a 16-year-old’s wrist and encouraged child abuse during a 2024 call at a Phoenix home.
ABC15 first broke this story in February, but now attorneys for Sergio Nino have provided new video of the incident.
“The new video shows us why the officers did what they did. Sergio took out his phone when he heard the officers say to his father that he could abuse him in his own home,” Sergio’s attorney Larry Wulkan told ABC15. "None of this happens if the officers in this case don’t grab Sergio’s phone start a fight, use excessive force against Sergio and send him to the hospital."
In body camera video provided to ABC15 by Larry Wulkan, the attorney representing the 18-year-old, Phoenix officers are seen responding to a home where a father accused then-16-year-old Nino of hitting him in 2024, as part of a trend of misbehavior. The father then expressed frustration about his lack of control over his son.
“I can’t physically force him to get into anywhere, you know what I mean? He does his own thing. He runs the house,” the dad said.
“Well, you can. You’re just choosing not to,” the officer replied.
The father then asks how to, and the officer suggests dragging the teen.
See the body camera footage and hear from the lawyer in the player above.
“You drag him. You hit him. He is a child. He only has rights from the government; he has no rights from you,” the officer is heard saying. “So if you wish to beat him, you can beat him. If you wish to belt him, belt him.”
When the father expresses some hesitation about beating his child, the officer attempts to offer reassurance.
“They can call child services, but if they see you’re disciplining him, they’ll throw it in the shredder,” the officer said.
After that, the father asks the officers to go upstairs to take Nino's phone. While upstairs, Nino asks the officers if it is OK for his father to tackle and hit him, and an officer tells him it is OK.
“Your dad should beat you,” the officer is heard saying. “Other than sending you to the hospital, your dad should beat you.”
Eventually, an argument arises over who paid for Nino's cell phone. Nino maintains he paid for the cell phone service, but the father said he bought the phone. An officer is seen on the body camera footage grabbing the phone out of Nino's hand, and then Nino turns back towards the officer, reaching for it.
From there, the officers take Nino to the ground and place him under arrest for aggravated assault, accusing Nino of pushing them. Wulkan says charges were filed but were eventually dropped.
The Maricopa County Attorney’s Office could not confirm or comment on juvenile records.
“What is shocking is not only was there no attempt to de-escalate, the opposite happened. The officers ratcheted up the situation,” Wulkan told ABC15. “These officers didn’t just fail to protect Nino, they actively encouraged child abuse.”
Nino was 16 at the time of the incident in January 2024 but is now 18. The notice of claim alleges Nino suffered a broken wrist in the incident and needed five stitches.
Read the full notice of claim below:
One police source told ABC15 the incident was placed under review by police after it happened and is currently part of an active Professional Standards Bureau investigation. The source said staffing issues in this specific precinct have led to less training and oversight for officers.
ABC15 asked Phoenix police about this incident, including if the use of force was found to be in policy. A spokesperson for the police department told us the incident is pending litigation and pointed us to public records associated with the incident.
