TEMPE, AZ — The family of Antonio Arce, a 14-year-old shot and killed by a Tempe police officer, has filed a $5,000,000 notice of claim against Tempe police and the City of Tempe.
The claim states that Arce was wrongfully shot and killed by Officer Joseph Jaen on January 15.
Jaen shot and killed Arce after the teen ran as Jaen was responding to a report of a suspicious vehicle.
Police later said Arce was found down an alleyway and around the corner with a replica airsoft pistol after being shot.
Jaen said after the shooting that he believed Arce had a gun and had turned toward him, causing Jaen to perceive a threat.
The claim states that Officer Jaen was over "100 feet away" from Arce when he fired his weapon and that it was "not reasonable for Officer Jaen to conclude that he was in danger of serious injury or death."
The claim states that Arce had his back turned from the officer and was running in the opposite direction when shot.
Body camera was released in January, showing the moments that led to the shooting.
The Maricopa County Attorney's Office has not yet determined whether Jaen's actions were justified, and the department said its administrative investigation was also not complete.
The notice of claim states that the department has 60 days to respond before further legal action can be instituted.