PHOENIX — Days after Phoenix's police chief admitted one of his officers killed the wrong man in a shooting in west Phoenix last month, the family lawyer tells ABC15 he intends to file a notice of claim against the city as soon as Thursday.
"There's just no way to justify that conduct," said David Chami, the managing partner at Consumer Justice Law Firm in Scottsdale.
Chami tells ABC15 he hopes to avoid litigation with the City of Phoenix for the sake of the family, but if a settlement does not work out, he is prepared to seek damages for them.
"Obviously, I don't think the officer made a conscious decision to shoot the homeowner, but watching the footage and the way he approached the home, it was with reckless abandonment," said Chami.
Earlier this week, ABC15 broke down body cam footage of the officer-involved shooting, which started as a shots-fired call in a neighborhood near 75th Avenue and Lower Buckeye Road just after 6 p.m. on January 26.
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Police arrived to a witness telling them that someone was "shooting people" at a house. The officer wearing the body camera can be seen running toward the home, where he then fires a single round from his duty rifle through the open door.
"There was no way he could identify who the shooter was, who the assailant was, who the intruder was when he approached the home. He was standing in the street behind a parked pickup truck," said Chami.
Records show the officer shot and killed 36-year-old Christian Diaz Rendon, who had been fighting and was trying to subdue the initial shooter.
On Wednesday, the family held his funeral.
"Christian Diaz was a loving father, a devoted stepfather. The man spent the last 15 years raising not only his children, but Mariana Gonzalez's children," said Chami.
In a statement, Phoenix Police Chief Matt Giordano said he is committed to transparency and accountability, adding: "My heart goes out to the family and loved ones affected."
Chami says the notice of claim will likely accuse the police of failing to train and supervise, while holding the city responsible for any monetary damages for the family.
"That officer acted, in my opinion, plain and simple, with reckless abandonment, and it was that recklessness that is the direct cause of Christian Diaz's death," said Chami.
