A Tucson man is looking for $176 million in financial damages from the Pima County Sheriff’s Department after deputies entered his residence and shot him, leaving him paralyzed from the chest down.
Attorneys representing 24-year-old Axeel Melendez and his mom, Carmen Melendez, filed a discover of declare in opposition to Sheriff Chris Nanos and his division final week, informing the county they intend to sue.
A discover of declare is a statutory prerequisite for submitting a lawsuit in opposition to a public entity or worker.
“Our justice system recognizes the dignity of a human life and the importance of the completeness of your body. Axeel’s health, his independence, his ability to earn a living, his sense of security, that’s all been stolen away from him,” mentioned Dev Sethi, the lead legal professional representing Melendez and his mom.
The Sheriff’s Department didn’t instantly reply to requests for remark.
Sethi says Axeel Melendez and his mom have been the victims of a swatting incident – a felony prank that may contain inserting faux emergency calls to emergency responders at a selected location with the aim of frightening a big response from regulation enforcement.
On April 10, a caller impersonating Melendez known as the 311 non-emergency quantity for metropolis providers stating that his father had shot his sister and offered Melendez’s residence deal with.
“This morning of the April 10 call has many red flags and hallmarks of it being a fake call, including…this call came into 311. Nobody reporting an emergency calls 311,” Sethi mentioned.
Sethi mentioned the caller mispronounced Melendez’s first title despite the fact that they have been impersonating him.
The name additionally got here from an out of state space code.
Less than 48 hours earlier than that decision, Sethi mentioned his consumer had obtained a threatening message from somebody who hacked his private data whereas he was taking part in a multiplayer online game, demanding a ransom to get his passwords and accounts again.
The hacker had additionally threatened to name U.S. Immigration and Customs Enforcement to deport Melendez as a result of he had a Hispanic title.
VIEW LARGER Axeel Melendez celebrates his twenty fourth birthday from the hospital.
Courtesy of Dev Sethi
After being threatened, Melendez known as 911 to make a report.
“He tells a 911 operator all of this and she essentially downplays it and says, ‘Don’t worry, that’s not how it works. They can’t just call 911 and have the SWAT team show up at your house,” Sethi mentioned.
Deputies had reassured Melendez that they might notify him if one other suspicious name together with his deal with have been to come back in.
On April 10, responding deputies allegedly disregarded a warning from a deputy who was conscious that Melendez’s residence deal with was referred to as a possible swatting goal.
According to the discover of declare, a deputy admitted that despite the fact that there was data the decision could possibly be an tried swatting, she nonetheless approached the Melendez residence with the mindset to “treat it like it’s real until it’s not real.”
When deputies arrived on the Melendez residence, they broke in by way of a bed room window which led Axeel to imagine there have been intruders outdoors. He then grabbed his household’s legally-obtained handgun, hiding behind his bed room door. Deputies then opened fireplace.
Two bullets out of seven pictures hit Melendez in his proper thigh and left shoulder– breaking his ribs and leg and leaving him with a spinal twine harm, in keeping with the declare.
Sethi mentioned that after Melendez was shot and the home was cleared, deputies positioned him in handcuffs whereas he was bleeding till first responders arrived.
“He did everything we teach our kids to do. When you’re in danger, when somebody’s threatening you, what’s the first thing we tell all of our children? Call the police,” Sethi mentioned.
The County and Sheriff’s Department have 60 days to reply to the discover of declare that was filed on July 23.
Once these 60 days have handed or the declare is denied, the criticism shall be filed in court docket.
“Axeel is a vulnerable young man, his life has been upended. He has real present needs and we’ve given them an opportunity to do the right thing and resolve the case, but the ball is wholly in their courts,” Sethi mentioned.
