The News Tribune, from Tacoma, has published a story about a man in prison that has filed a lawsuit against the City of Tacoma for police recklessness and negligence, stemming from the man's arrest two years ago.
During T.M.'s arrest a policeman shot him five times.
The suit, filed on September 23 in U.S. District Court in Tacoma, claims that the shooting left the victim with "horrific physical injuries" as well as depriving him of his civil rights.
On July 30, 2009, Sgt. D.K. shot and wounded T.M. in a home on North Hale Street.
Sgt. D.K. is named in the suit along with the city.
During the time of the incident T.M. was wanted for vehicular assault - in a car wreck that left a skateboarder with permanent injuries. He was also a suspect in the shooting of his girlfriend at the time - that alleged shooting took place at a fast food restaurant.
The events that occurred on July 30 began when T.M.'s parents called 911 as he had said that he would not turn himself in, and that he would rather take his own life.
After the call, T.M. left the home and officers were sent to look over the area to check on him. T.M.'s parents told the officers, per the suit, that their son had no weapons on him. They also reportedly said that he had threatened to hurt himself and may have chosen a friend's house, also on North Hale Street, to go to.
Once arriving at the friend's home, two officers, as alleged in the suit, knocked on the door, pulled out their guns, while announcing that they were police.
Once officer D.K. gained entry he located T.M.'s friend in one of the rooms. The friend allegedly told D.K. that, yes, T.M. had been in the house, but he had since left. The police continued to search the house, while noting the presence of two child occupants, before coming to a darkened room.
T.M. was in that room.
D.K. allegedly yelled out to T.M. but the officer failed, per the suit, to identify himself to the victim. D.K. ordered T.M. to show him his hands several times before he shot him.
The suit alleges that D.K. was complying before he was shot.
The suit reads, "Sgt. (D.K.) stated that he thought the wallet in (T.M.'s) hand as he raised his hands was a weapon. A black wallet was located on the ground next to (T.M.).
Per the suit, D.K. suffers with lifelong disfigurement, scarring and cannot walk without intense discomfort.
He was later convicted of both of the crimes he was wanted for: vehicular assault in regards to the skateboarder and a third-degree assault charge against his former girlfriend.
The Police Department review board found that the shooting was logical and within department policy. The report reads, "During his interview, Sergeant (D.K.) stated he believed (T.M.) was armed with a weapon and intended on shooting him in the head."
If you have been hurt by a member or the police force in a lawful, or unlawful arrest, you have grounds for a lawsuit. Click here for our directory and contact a personal injury lawyer today for help!