PHOENIX (AZFamily) — The family of a 36-year-old father shot and killed by a Phoenix police officer plans to sue as prosecutors remain undecided on charges for the officer.
Family members of Christian Diaz Rendon filed a notice of claim, a precursor to a lawsuit, seeking a $25 million settlement or threatening to take the case to trial.
Rendon was killed Jan. 26 near 75th Avenue and Lower Buckeye Road after he disarmed an armed intruder who had broken into a home and shot a person. Home surveillance camera footage shows Diaz tackling the intruder, punching him and forcing a shotgun away from him.
When officers arrived, Diaz was on top of the suspect and the officer shot Diaz. A family member had flagged down police, shouting, “They got him! They got him! He’s over here, they got him on the ground,” but many people were screaming that night.
Investigation ongoing
Maricopa County Attorney Rachel Mitchell said her office has not made a decision on whether to charge the Phoenix police officer because the Department of Public Safety investigation is still ongoing.
“Because they have not submitted it, I have not reviewed it, nor have I made a decision,” Mitchell said. “Once they have completed the investigation, senior prosecutors in the office and I will carefully review it and consider all of the evidence, and I will explain my decision, whatever it is, at the time it is made.”
Police body camera footage shows how chaotic the scene was that night. The intruder has been identified as Edgar Ledesma Garcia. The family knew him and some residents said he struggled with mental health problems.
Garcia is now facing a murder charge under an Arizona law that allows prosecutors to charge people for causing the chain of events that leads to a death.
Phoenix Police does not comment on pending litigation, but earlier this month, Police Chief Matt Giordano issued an apology to the family, saying he is deeply sorry for their loss and promised transparency and accountability once the various criminal and internal investigations are complete.
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