New Mexico family sues police after man was fatally shot by officers responding to wrong house
The family of a New Mexico man who was fatally shot by officers who responded to the wrong address has filed a lawsuit over what they claim were "extreme, unreasonable actions" that resulted in his death.
Three Farmington police officers who were responding to a domestic violence call around 11:30 p.m. local time on April 5 mistakenly went to the home of Robert Dotson -- approaching house number 5305 instead of 5308, state police said. Body camera footage released by the police department showed the officers knocking and announcing themselves several times, then debating whether they were at the right address after getting no response.
As the officers were leaving, Dotson opened his screen door armed with a handgun. The officers opened fire, striking Dotson 12 times, according to a wrongful death lawsuit filed Friday. He was later pronounced dead at the scene.
After the initial shooting, according to the complaint, Dotson's wife fired from the doorway not knowing who had shot her husband, with officers returning fire. Neither she nor the officers were harmed. She was not charged with a crime, state police said.
The lawsuit alleges that the city failed to properly train the officers in use of force, and that the three officers "acted unreasonably" and "applied excessive, unnecessary force." It also alleges they deprived Dotson, a father of two, of his state constitutional rights, including the right to enjoy life and liberty.
"Legally, he was deprived of his life and liberty. His heirs were deprived of his love, affection, income," Doug Perrin, one of the attorneys representing the family, told Albuquerque ABC affiliate KOAT.
The complaint alleges the officers did not announce themselves loudly enough. From the second floor of the house, Dotson and his wife allegedly did not hear police announce themselves, only a possible knock at the door, at which point Dotson put on a robe to go answer.
"Mr. Dotson went downstairs, he got a pistol off of the refrigerator because he didn't know who was behind the door. And when he opened the door, all hell broke loose," Thomas Clark, another attorney representing the Dotson family, told KOAT.
The complaint also claimed that officers handcuffed and took Dotson's wife and their two children to be questioned, "rather than acknowledging their error or attempting to protect and console" them.
Luis Robles, an attorney for the city of Farmington and the three officers, confirmed that they were initially placed in handcuffs but did not know for how long.
The complaint, which is seeking unspecified punitive damages, names the city of Farmington and the three officers -- Daniel Estrada, Dylan Goodluck and Waylon Wasson -- as defendants.
Robles said the officers "had no choice but to use deadly force to defend themselves" when Dotson pointed a gun at them.
"While this incident was tragic, our officers' actions were justified," Robles, said in a statement to ABC News. "On that night and always, we strive to do what is right, and we will always remain committed to the safety and well-being of our community."
All three officers remain employed by the city as police officers, Robles said.
State police turned over their investigation into the shooting to the New Mexico Attorney General's Office in May. The attorney general's office is currently awaiting the evaluation and recommendation of a use of force expert they contracted to review the details of the case, a spokesperson said Friday.
