The family of a man shot and killed by Denver police after first being Tased and hit with pepper balls intends to sue the city for about $6 million, the family’s lawyer said today.
The incident involving Odiceo Lopez Valencia took place on May 17, 2008 at a private communion and party for his daughter at his home in the 5500 block of Dillion St.
After an altercation in which Valencia pulled out a knife and cut himself, the police responded to a 911 call.
Valencia, 45, who had been drinking and did not speak English well, failed to respond to the police officers command that he drop the knife, according to the family attorney Anthony Viorst.
The officers first Tased and then shot the 6 foot 2 inch Valencia.
Family members say that Valencia dropped the knife before he was shot, Viorst said.
Denver District Attorney Mitch Morrissey in a 34-page report concluded that the patrolmen did everything possible to avoid the shooting.
The Morrissey report said Valencia was combative and chased one officer.
The family is challenging that finding and preparing to sue the police department and the city, for emotional pain and suffering and lost wages, Viorst said.
The family filed a notice that it would sue on Nov. 12. The city and police department had 90 days to respond. They have not and the family will moved ahead with their suit, Viorst said.
“We are still conducting our investigation, but we don’t believe that report is credible,” said Viorst.
“Apparently they Tased him. And our information is that he dropped the knife and went down to the ground. And our information is he was shot after he dropped the knife.”
Howard Pankratz: 303-954-1939 or hpankratz@denverpost.com
