Police used excessive force in killing Roy man, lawsuit alleges

Police used excessive force in killing Roy man, lawsuit alleges

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SALT LAKE CITY — The wife and mother of a Roy man whom police shot 22 times during a confrontation in his home after he'd called a suicide hotline has filed a wrongful death lawsuit against Roy police and the Weber County SWAT team.

The complaint filed in federal court alleges police used excessive force and "acted in concert to hunt down and kill" Jose Calzada, 35, in October 2014.

Roy police released few details about the shooting but labeled it as a possible "suicide by cop" case in a press release at the time.

Weber County Attorney Chris Allred said an investigation did not reveal any criminal wrongdoing on the part of the officers. But a formal letter justifying the shooting apparently wasn't written because the investigation occurred during the transition between him and the former county attorney, Allred said.

Allred, who took office in 2015, said he has not seen the lawsuit but anticipates turning it over to outside attorneys to handle.

Calzada called a suicide help line about 4 a.m. on Oct. 21, 2014. He had been drinking, had one or more guns and threatened to kill himself. Roy police were dispatched a short time later, even though Calzada had not threatened anyone besides himself, according to the lawsuit filed by Calzada's widow, Maria Calzada, and mother, Manuela Rosales. Three others in the home, including two children, left after police arrived.

After negotiating with Calzada for nearly five hours, he told police he had drank a large amount of alcohol, had been awake all night and was going to sleep. About 90 minutes later the Weber County sheriff's SWAT team entered his home at 3779 W. 5300 South.

"The situation was escalated by law enforcement by illegally entering and searching Jose's home and vehicles, and upon finding him in a dazed and drunken stupor began shouting at Jose with their guns drawn," the lawsuit says.

Officers found Calzada in the trunk of his car parked in the attached garage holding a pistol to his mouth. He eventually put his hands behind his head in a resting position, according to the lawsuit.

Police say Calzada slowly reached for a rifle in the back of the trunk with one hand. An officer fired a single shot followed by a "brief" pause and a "firestorm" of at least 22 shots that killed Calzada, according to the suit.

"In fact, according to defendant deputy (Brandon) Miles' own account, 'the round that struck Jose in the head appeared to strike him in the forehead, just to the left of center. As soon as I seen Jose go limp from that bullet's impact, I slapped officer (John) Beck on the left shoulder and shouted, 'You're good,'" according to the lawsuit.

Allred said SWAT isn't sent to the scene of every suicide call, but "I'm sure there was more to that case."

Miles and Beck are among a dozen officers named as defendants in the lawsuit along with Roy police, Roy City, Weber County and the Weber County Sheriff's Office. The suit seeks an unspecified amount in punitive and compensatory damages.

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Dennis Romboy

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