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SALT LAKE CITY — The family of a 19-year-old man who died after being shot by Cottonwood Heights police in 2018 says records from an internal review cast doubt on the city's version of events.
Zane James, who'd been suspected in a pair of armed robberies, had wrecked his dirt bike on a speed bump and took off running before being shot in May 2018, police said. Officer Casey Davies had been on his way into work and hadn't had a chance to pick up his body camera, according to Davies and his department.
But the officer's own telling of events in an internal investigation by his employer conflict with those earlier statements, the James family says. In an updated federal lawsuit filed against the city this week, Aaron and Tiffany James say the discrepancies point to a cover-up by city leaders and police.
"The city of Cottonwood Heights has not been honest with the public about the shooting of Zane James," said Sam Meziani, the family's attorney.
His clients are seeking unspecified money damages and orders from a judge finding Davies in contempt, along with improved training at the department. They also want to see an outside supervisor appointed to monitor the police department.
Cottonwood Heights maintains it's not withholding information or misrepresenting what happened. Attorney Heather White, who's representing the city, said one discrepancy is due to an oversight and another difference is tied to the early release of information based on the observations of one officer.
"We recognize the public responsibility that we have, and the importance that the public has trust in what the officers are doing," White said.
Davies declined to speak with investigators for a review by Salt Lake County District Attorney's Sim Gill, who ultimately found the use of deadly force legally justified.
Prosecutors are prohibited from using information a public employee gives in administrative proceedings to weigh criminal charges against the person, Gill noted. He declined to say whether he would have reached a different conclusion in the case if able to do so.
James' parents and the city remain at odds about what transpired in the seconds before the shooting.
White said Davies used the car to knock James off his bike — without intending to kill him — after seeing James reach into his jacket. Davies fired his weapon after James did so again, White said. But James' family contends he wouldn't have reached for a toy gun that would do little to protect him, an assertion they say is bolstered by a homeowner who saw the violence through a window and reported that James didn't reach for anything after the crash.
James was taken off life support three days after he was shot twice on May 29, 2018. His family has described him as a talented hockey player who became addicted to pain pills after injuries but was trying to get better.
In the Cottonwood Heights police department's internal review, Davies said that he'd drawn his gun but "I made the decision I'm gonna run him over," the lawsuit alleges. He concluded it would be a safer alternative than firing through the windshield, the family says, and did so less than two minutes after the chase began. Meziani declined to provide a copy of the review.
Additionally, the family says a sergeant had called off the chase but Davies continued and didn't give warning before striking James at more than 40 miles an hour. The Jameses contend he violated state law either by destroying body camera footage or by not wearing and activating the device before using deadly physical force.
The family's attorneys wrote that Davies recounted seeing the camera in a docking station before he left, but actually had been removed by that time. White said someone else retrieved the device after it had charged up and placed it in a drawer to free up room for other cameras low on battery.
Cottonwood Heights City Councilwoman Tali Bruce has said she's seen a recording of the confrontation, while 13 other city council members and employees contend there is none. Data from the camera indicates no footage was recorded or deleted that day, White said.
In the internal investigation, Davies recounted coming in early to work a seatbelt enforcement shift and leaving the camera behind because he was in a rush, according to the lawsuit. But in a sworn declaration later filed in court, he said he'd been on his way into work and hadn't had an opportunity to pick one up — the same account his department had given early on.
White said her office drafted the document with errors it didn't spot until later.
"We never tried to cover that up," White said. At an earlier court hearing, she added, "we brought that up and had him explain that."
Moreover, officer Bryan Betenson saw the motorcycle crash after hitting a bump but didn't see how it happened, White said, and the department's public statements were based on his account.
