Lawsuit: Man was shot within the head by a police officer in Albuquerque after calling for assist

Mitnik survived but is injured for life. Now he and his family are suing the city of Albuquerque and the police officer who shot him, saying it should never have happened.

The lawsuit was filed in the District Court on January 6th. The goal is really to make sure what happened to Mitnik doesn’t happen to any other family.

When his family called for help in June 2020, they believed the city should have had a response without prosecution. A family lawyer said Mitnik is not dangerous and does not commit a crime.

Now they want change.

“He’s still recovering,” said Ryan Villa, an attorney who represents the family. “He’s still doing physiotherapy, occupational therapy. His life will never be the same. “

The lawsuit alleges the shooting was unnecessary.

“That was the first interaction. He had never had any contact with law enforcement, had never had problems or charges, ”said Villa. “This was the first time he had interacted with the police.”

The lapel video recorded that day shows how the Albuquerque police responded to their neighborhood in Tanoan in June 2020. Mitnik’s parents called the police and said their son was schizophrenic and was going through a mental crisis. They also warned Mitnik feared he might hurt his parents.

The goal was to take him to the hospital.

During the entire interaction, Mitnik refused to go to hospitals with officers several times. Finally, documents say he grabbed a knife and went to the bathroom.

Albuquerque police said when he came out of the bathroom Mitnik raised this knife as he walked towards the officer. APD said the officer believed he would be cut and killed. Mitnik was shot twice.

“The game of these emotions. I mean the guilt at first because yes, they thought they were just going to get help, ”said Villa. “The frustration and anger about what happened and the trauma. His mother was standing right next to him when he was shot in the head. “

KOB 4 reached out to both the city and APD – officials said they had not been served and would respond to these allegations in court.

To read the lawsuit, click here.

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